Noel Kinsella’s aggravated burglary sentence appeal dismissed

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

Noel Kinsella’s appeal against his aggravated burglary sentence was dismissed by the Court of Appeal on 2 March 2017. Mr. Justice Hedigan delivered the court’s judgment.

Kinsella pleaded guilty to aggravated burglary on 9 February 2016. He received nine years’ imprisonment, with the final two years suspended, in the Circuit Court on 12 May 2016. The headline sentence had been set at 12 years.

The suspension required a €500 bond to keep the peace and be of good behaviour for two years after release. He must also remain under Probation Service supervision and refrain from alcohol and drug consumption for two years after release. In the intervening period, he must engage with drug addiction counselling services in prison.

The sentence was consecutive to five years’ imprisonment, with the final 18 months suspended, imposed by Dublin Circuit Court on 12 February 2016. The aggravated burglary occurred on 11 October 2015, while Kinsella was on bail for the earlier offence, committed on 24 June 2014.

Kinsella argued that the sentence was too heavy, that previous convictions should not have been treated as aggravating, and that insufficient credit had been given to mitigation. He also argued that proportionality and totality had not been considered and disputed the reference to his wielding a steel bar.

The court found the sentence correct after considering the background, the offence, his previous convictions and his guilty plea, which followed his apprehension red-handed. It declined to interfere. His co-accused, referred to as Ryan in the judgment, withdrew his appeal.