DPP appeal against Mark O'Reilly's attempted robbery sentence dismissed

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal dismissed the Director of Public Prosecutions' appeal against Mark O'Reilly's sentence on 16 February 2015, finding that it was not unduly lenient. Mr. Justice Hogan delivered the judgment.

O'Reilly pleaded guilty on 14 March 2013 to attempted robbery contrary to common law and possession of an imitation firearm with intent to commit an indictable offence, namely attempted robbery, contrary to section 27B of the Firearms Act 1964.

The Circuit Court sentenced him on 7 April 2014 to three years' imprisonment, with the final 18 months suspended for five years. A key condition required participation in a drug and alcohol treatment programme. The sentence took effect from 14 March 2013, when he entered custody.

The attempted robbery occurred on 11 March 2012 at a service station in Fortunestown, Tallaght, Dublin 24. The judgment said O'Reilly pointed a realistic imitation handgun at the head of another participant, who had pretended to be a customer, and demanded money. It was accepted that O'Reilly had been drinking and taking drugs beforehand.

The attendant, Rizman Ali, recognised the supposed customer's involvement. The report said the attendant pressed an emergency button, gardaí arrived quickly and no money was handed over.

The court considered O'Reilly's relatively early guilty plea and chronic drug addiction. Although he had 27 previous convictions, including five for robbery and seven for burglary, he had no previous firearms convictions. The court regarded his addiction as the predominant reason for his offending and considered that the public interest could be better served by a sentence below the presumptive five-year minimum structured to address it. The suspended element was intended to provide a real deterrent.