Courts / Meath / Report
Tax advisor fails in appeal against prison sentence
Summary
Kenneth Shanny, a 39‑year‑old tax advisor from Dunshaughlin, was sentenced to three years' imprisonment for aiding and abetting the filing of incorrect VAT returns and claiming tax relief between November 2009 and April 2010. The judge suspended the final 18 months of the sentence. Shanny had previously served a sentence for theft from 2011 to 2012. He pleaded guilty at Trim Circuit Criminal Court and was found to have processed VAT returns for two clients, intending to divide €62,000 recovered from the tax authorities. The Court of Appeal dismissed his appeal, ruling that the sentence lay within the available range. The appeal was heard by Justices Alan Mahon, George Birmingham and Garrett Sheehan. The decision was based on the seriousness of the breach of trust and the substantial loss to the Revenue. The appeal was dismissed.
Who, what, where, when and why
What: Report matter: Tax advisor fails in appeal against prison sentence. Charges or matters: aiding, abetting, assisting, inciting or inducing another person to make or deliver an incorrect return; claiming or obtaining relief or exemption from repayment of tax. Procedural stage: appeal
When:
- November 2009 Hearing Or Sentence
- April 2010 Hearing Or Sentence
- November 11, 2015 Hearing Or Sentence
- April 2011 Incident
- December 2012 Incident
- 2016-07-08 Publication
Case subjects
Appellant
Charges: aiding, abetting, assisting, inciting or inducing another person to make or deliver an incorrect return; claiming or obtaining relief or exemption from repayment of tax (Admitted)
Plea: Guilty
Outcome: He was sentenced to three years imprisonment with the final 18 months suspended by Judge Michael O'Shea on November 11, 2015. Shanny had an appeal against sentence dismissed today, with the Court of Appeal holding that his sentence was within the available range.; appeal dismissed
Places mentioned
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