Courts / Dublin / Report
Fishy Fitzgerald withdraws sentence appeal after court warning
Summary
Patrick Fishy' Fitzgerald, 49, withdrew his appeal against a seven-year prison sentence at the Court of Appeal after judges warned him of the full range of their powers. The appeal concerned a sentence handed down in July 2025 by Ms Justice Eileen Creedon at the Central Criminal Court. Fitzgerald had pleaded guilty to facilitating a serious offence for a criminal organisation, specifically providing getaway vehicles for the attempted murder of Gary Carey in November 2021. The court found his assistance crucial to the gang's actions. Ms Justice Creedon set a headline sentence of 12 years, reduced to nine years after mitigation, with the final two years suspended subject to conditions. This term was ordered to run consecutively to a separate seven-and-a-half-year sentence Fitzgerald was already serving for aggravated burglary, in which he was part of a gang that terrorised a family, including a six-year-old child. During the appeal hearing, Mr Justice McCarthy, sitting with Ms Justice Tara Burns and Mr Justice Alexander Owens, noted the panel believed a sufficient reduction had already been given and highlighted the risk regarding the suspended portion. Following advice from senior counsel Bernard Condon, Fitzgerald instructed his lawyer to seek permission to withdraw the appeal. The court granted the application, describing Fitzgerald's decision as prudent given the possibility of an unfavourable intervention. The matter was adjourned to allow for the withdrawal process, and the original sentence remains in effect.
Who, what, where, when and why
What: Report matter: Fishy Fitzgerald withdraws sentence appeal after court warning. Charges or matters: a charge that between November 11 2021 and November 18 2021, both dates inclusive, in the State, with knowledge of the existence of a criminal organisation, he did participate in or contribute to activities intending to facilitate the commission by the criminal organisation of a serious offence. Procedural stage: appeal
When:
- July 2025 Hearing Or Sentence
- November 17, 2021 Hearing Or Sentence
- November 11 2021 Hearing Or Sentence
- November 18 2021 Incident
- November 21 Other
- June 24, 2022 Other
- August 5 Other
- February 2025 Hearing Or Sentence
- November 2021 Hearing Or Sentence
- 2026-07-20 Publication
Case subjects
Accused
Charges: a charge that between November 11 2021 and November 18 2021, both dates inclusive, in the State, with knowledge of the existence of a criminal organisation, he did participate in or contribute to activities intending to facilitate the commission by the criminal organisation of a serious offence (Alleged Or Contested)
Outcome: Fitzgerald's appeal against sentence was due to be heard at the Court of Appeal today. In February 2025, he was jailed for seven and a half years after a court heard he was part of a gang that invaded a family home in the early morning, terrorising a couple in their 70s, their daughter and a six-year-old child.
Places mentioned
- Court of Appeal
- Central Criminal Court
- Ballyfermot Crescent
- Dublin
- St James's Hospital
Topics
Burglary Stage Appeal Violent Crime
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