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Joseph Warren's cash van conspiracy sentence cut on appeal

By Donal Gilhooly

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

The Court of Appeal reduced Joseph Warren's eight-year conspiracy sentence to six years and six months on 25 July 2016. Mr. Justice Mahon delivered the judgment. The replacement term dates from 7 November 2012.

A jury at Dublin Circuit Criminal Court convicted Warren on 7 November 2012 of one conspiracy count under section 71 of the Criminal Justice Act 2006 and section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. His conviction appeal was dismissed on 4 July 2016.

The eight-year term was imposed on 14 November 2012. A separate six-year sentence for a firearms offence was imposed that day and ordered to run consecutively. Warren did not appeal that separate sentence. The original combined 14-year sentence had its final three years suspended on conditions.

The case concerned an attempt to steal cash from a Chubb cash-in-transit vehicle at Celbridge, Co Kildare, on 2 November 2007. Gardaí thwarted the attempt after conducting surveillance.

Warren argued that his involvement reflected his cutting-equipment skills rather than a leading role. He also disputed being sentenced as part of a gang involved in drug dealing, armed robbery and contract killing, saying he had not been charged or convicted of such criminality. He argued that his sentence was disproportionate compared with those of his co-accused.

The DPP maintained that eight years was proportionate, citing criminality at the upper end of culpability, his lack of co-operation and his conviction after a second trial.

Mr. Justice Mahon found that Warren's non-leadership role and relatively good record, particularly regarding serious criminality, had not been adequately reflected in the sentence. Finding an error of principle, he set a seven-year headline term and deducted six months for strong mitigation, including excellent rehabilitation prospects.

Sources

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