DPP v Meehan

 
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[2014] IECA 23

THE COURT OF APPEAL

The President

Birmingham J.

Sheehan J.

308/12
Between/
The People at the Suit of the Director of Public Prosecutions
Respondent
V
Keith Meehan
Appellant

308/2012 - The President Birmingham Sheehan - Court of Appeal - 12/11/2014 - 2014 IECA 23

Criminal law - Appeal against severity of sentence - Ten years imprisonment with last three years suspended - Six separate incidents - Five robberies and one attempted robbery - Use of imitation firearm - Serious drug addiction - Gravity of offence - Alleged insufficient credit was given for early plea and insufficient consideration of possibility of rehabilitation - Whether sentence excessive

Birmingham J.
1

In this case Mr. Meehan appeals against the severity of a sentence imposed upon him. The sentence that he is appealing is one of ten years imprisonment with the last three years suspended. The judge in the Circuit Court found himself dealing with six separate incidents, five robberies and one attempted robbery.

2

In very brief summary, the circumstances of the offences are that on the 14th June, 2010 at Mark Ellis Pharmacy, Mr. Meehan, accompanied by an accomplice with an imitation firearm, which was apparently a submachine gun designed to discharge plastic bullets that was not working, entered the premises. The appellant then went behind the counter in the pharmacy and stole 700 tablets and €80 in cash.

3

There are also a number of incidents dealt with on Bill 1317/2011. On the 30th July, 2010 he entered, with an accomplice, a shop in Knocklyon Service Station. He had an imitation firearm in a plastic bag and, although it seems that no staff member actually saw the firearm, they were told "get behind the tills or you will be shot". €900 in cash was stolen in that incident. Then on the 9th August, 2010 along with another person he entered Flood's Bookmakers, brandishing an imitation firearm and shouting "give us the money, open the safe", and in that robbery €3,000 was taken. Then again on the 22nd August, 2010, at Odd Bins off-licence along with another person he entered the premises. He had his hand in his pocket in order to give the impression that he had a weapon. He did not have a weapon in fact, and in this incident €850 in cash along with cigarettes and vodka was taken.

4

It is the case that he admitted the Knocklyon Service Station, Flood's Bookmakers and the Odd Bins incidents when questioned by Gardaí. It is also the case that those admissions were of value, and indeed it seems to be...

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