DPP appeal allowed over Lee McDonnell’s robbery and replica firearm sentence

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

The Court of Appeal allowed the Director of Public Prosecutions’ appeal against Lee McDonnell’s sentence, finding it unduly lenient in a judgment dated 8 June 2015. The proceedings were reported on 8 June 2015.

McDonnell had pleaded guilty to two counts of robbery and one count of carrying a firearm with criminal intent.

Dublin Circuit Criminal Court sentenced him on 19 November 2012 to six years’ imprisonment on the first robbery count. The final three years were suspended for three years from his release, subject to conditions, leaving three years in custody. The second robbery count and firearm count were taken into consideration.

Mr. Justice Alan Mahon held that the firearm offence should normally attract its own sentence unless exceptional reasons justified otherwise. The weapon was a replica firearm. The court said it had been used to threaten two people and violently strike one of them, and found that imposing no sentence for that offence was an error of principle.

The court acknowledged the early guilty plea and agreement to provide a DNA sample, but said the evidence of involvement was compelling. Recovery of the discarded stolen wallet and phone and replica firearm resulted from police work rather than McDonnell’s cooperation. His pleas and limited cooperation could justify departure from the five-year mandatory minimum for the firearm offence, the court said.

The court described his previous convictions as exceptionally numerous and noted that he had already served a significant prison sentence. It said those convictions should weigh against suspending a significant part of any term.

A separate hearing would determine the appropriate sentences for the firearm and robbery offences. Any suspension, and whether the terms would run consecutively or concurrently, remained for later submissions.