Two men who received 20 year prison sentences for an aggravated burglary in Tipperary have had their sentences reduced to 18 on appeal.
Dublin residents Patrick Gately (29), of Primrose Grove, Darndale, Dean Byrne (23), of Cabra Park, Dublin 17, John Joyce (22), Lentisk Lawn, Donaghmede, Patrick Joyce (24), of Beaumont Hall, Beaumont Woods and Thomas Flynn (22), of Moatview Avenue, Coolock were among seven men who pleaded guilty to aggravated burglary at the home of the Corcoran family in south Tipperary on November 21st, 2013.
Sentences of 20 years imprisonment with the final four suspended were given to Gately and Dean Byrne; John Joyce was sentenced to 15 years imprisonment with the final four suspended; Patrick Joyce was sentenced to 14 years imprisonment with the final four suspended and Thomas Flynn received a 12 year sentence made consecutive to a sentence already being served.
The men were sentenced by Judge Thomas Teehan at Clonmel Circuit Criminal Court on October 1st, 2015.
Five of the seven men brought appeals against the severity of their sentences in the three-judge Court of Appeal.
Giving judgment on Friday, Mr Justice George Birmingham said the court was in no doubt that the sentencing judge was correct in concluding that the case fell into the most serious category of aggravated burglary and the Court of Appeal was “surprised that submissions to the contrary” were advanced by some of the men’s lawyers.
Mr Justice Birmingham said the sentencing judge was correct to deal with all seven accused in three groups.
Michael McDonagh and Donal O’Hara had the greatest claim for leniency. They did not bring appeals against their sentences.
Dean Byrne and Patrick Gately “merited the most severe sentences” and Thomas Flynn along with the two Joyces made up the middle group.
The sentence imposed on Thomas Flynn had to be consecutive to a firearms sentence he was serving and the Court of Appeal saw no basis for interfering with the sentence imposed on him.
Mr Justice Birmingham said the sentences imposed on the Joyces were "appropriate having regard to the gravity of the offence". He said the sentencing judge saw fit to differentiate between them. John Joyce was the driver and supplier of the VW Passat and it was his phone that was in intense contact with the phone of Dean Byrne in the Saab. Moreover, John Joyce had the more extensive prior record.
Mr Justice Birmingham said there were a number of factors why Dean Byrne and Patrick Gately should have received the most severe sentences. They were the occupants of the stolen famliy jeep when it was involved in “outrageous driving”. They had the most extensive prior records and their guilty pleas were entered only on the date of trial.
The Court of Appeal however, had a concern, about the divergence in the sentences. Gately’s and Byrne’s net sentences were more than three times the sentence of those who received the lightest terms.
Significant as the reasons were for differentiating, Mr Justice Birmingham siad the court concluded that the divergence was excessive and required intervention.
Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, reduced both sentences from 20 years to 18 with the final four suspended.
All other appeals were dismissed.