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"Pest" jailed for pointing airgun at pub owner has jail term reduced on appeal

Summary

Timothy Fogarty, 55, of Gurtnaskeha, Tour, Co Tipperary, was found guilty of possession of an electric‑powered air rifle with intent to unlawfully intimidate Fiona Ryan, the female owner of a local pub, on 20 June 2011. He had pleaded not guilty. The jury sentenced him to four years' imprisonment, with the final 12 months suspended, on 27 June 2014. Fogarty appealed on the basis that the sentencing judge had placed the offence at the most serious end of the range. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the incident was momentary and that Fogarty's reduced cognitive functions warranted mitigation. The appeal was successful and the sentence was reduced to three years' imprisonment, with the final 12 months suspended for two years post‑release, on condition that he keep the peace, be of good behaviour and have no dealings with the injured party or her family.

Who, what, where, when and why

What: Report matter: "Pest" jailed for pointing airgun at pub owner has jail term reduced on appeal. Charges or matters: possession of an electric powered air rifle intending to unlawfully intimidate Fiona Ryan at Birdhill, Tipperary on June 20, 2011. Procedural stage: appeal. Findings: Found guilty

When:

• June 20, 2011 Incident
• June 27 2014 Incident
• 2015-11-09 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report