Glen Kiely’s violent disorder sentence cut on appeal

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

The Court of Appeal resentenced Glen Kiely for violent disorder on 19 July 2016, imposing three-and-a-half years’ imprisonment with the final two years suspended. Mr. Justice Sheehan delivered the judgment.

Kiely had pleaded guilty to violent disorder contrary to section 15 of the Criminal Justice Public Order Act 1994. The offence occurred near Balbutcher Lane, Ballymun, on 27 November 2013. The proceedings were reported on 19 July 2016.

His original sentence was three-and-a-half years’ imprisonment with the final 12 months suspended. The judgment records a sentence hearing on 18 May 2015.

Kiely argued that insufficient weight had been given to his circumstances and progress in addressing drug addiction. The DPP acknowledged his rehabilitation efforts but maintained that they had been adequately reflected in the sentence.

The appeal court held that imprisonment remained open to the sentencing judge. However, it could not identify her sentencing starting point and found that insufficient credit had been given for what both parties agreed was significant mitigation.

The court allowed the appeal and increased the suspended portion by one year. For two years following release, Kiely must keep the peace, be of good behaviour and remain under Probation Service supervision.