The Court of Appeal has upheld the sentence imposed on Gerard Dunne after he threw an ignited petrol bomb towards a lone garda carrying out his duties in Dublin 17.
Dunne had pleaded guilty to endangerment and possession of an article with intent to cause injury, incapacitate or intimidate another. In February 2020, the Dublin Circuit Criminal Court imposed four years and six months for endangerment, with the final six months suspended, and a concurrent three-year sentence on the second count. The effective four-year term was also made consecutive to an existing four-month sentence because the offences were committed while Dunne was on bail.
The incident happened on April 29, 2019, near the Belcamp Darndale Centre. Garda Karl Kelly was dealing with a burnt-out black jeep when CCTV showed Dunne nearby on a distinctive bicycle. Dunne later emerged from behind shrubbery holding an ignited object and threw it towards the garda. Garda Kelly avoided it after seeing the flame in his peripheral vision. The petrol bomb missed a passing vehicle and smashed on the kerb where he had been standing.
The appeal court described the incident as a serious, unprovoked attack involving a potentially lethal weapon. It also noted Dunne’s extensive record, including two previous endangerment convictions, other violent offences and three convictions for possession of knives.
Dunne argued that the headline sentence was too high, that insufficient allowance had been made for mitigation and that more of the sentence should have been suspended to encourage rehabilitation.
The court rejected each argument. It found that his early guilty plea justified some reduction, but the evidence against him was strong and there was no meaningful cooperation beyond the plea itself. His addiction and mental health history were relevant personal circumstances but did not directly reduce his culpability for the attack.
The Court of Appeal concluded that the sentences were fair and proportionate and dismissed the appeal.