Courts / Clare / Report

Clare man who set fire to garda's car spared jail despite DPP appeal

Date
2016-05-30

Stage
Appeal

Primary locality
Mountshannon

County
Clare

Summary

Neil Kelly, 41, pleaded guilty to criminal damage for setting fire to Garda Áine Troy's car at Scarriff Garda Station on 19 March 2013. He received a wholly suspended three‑year sentence from Judge Gerard Keyes on 1 May 2015. The Court of Appeal rejected the Director of Public Prosecutions' appeal that the sentence was "unduly lenient". Judge Garrett Sheehan noted the case was "borderline" but the suspended sentence fell within the margin of appreciation. He described how Kelly intervened to stop his co‑accused from abusing Garda Troy, who had seized a vehicle for lacking insurance. Kelly paid €6,000 compensation and expressed remorse. The court found the offence an attack on the rule of law, yet mitigation factors justified the suspended sentence. The appeal was dismissed.

Who, what, where, when and why

What: Report matter: Clare man who set fire to garda's car spared jail despite DPP appeal. Charges or matters: the criminal damage of Garda Áine Troy's car at Scarriff Garda Station in the early hours of March 19, 2013. Procedural stage: appeal

When:

March 19, 2013 Hearing Or Sentence
May 1, 2015 Hearing Or Sentence
2016-05-30 Publication

Case subjects

Neil Kelly

Appellant

Charges: the criminal damage of Garda Áine Troy's car at Scarriff Garda Station in the early hours of March 19, 2013 (Admitted)

Plea: Guilty

Outcome: He was given a wholly suspended three year sentence by Judge Gerard Keyes on May 1, 2015. Giving judgement, Mr Justice Garrett Sheehan said it was a "borderline case" but the suspended sentence imposed by the Circuit Court judge was within the margin of appreciation obliged to be afforded to him.