No review of ‘unduly lenient’ Dundon sentence

The Court of Appeal will not review Wayne Dundon’s prison sentence for making threats to kill and intimidating witnesses, despite claims that his six-year sentence was “unduly lenient”.

No review of ‘unduly lenient’ Dundon sentence

Dundon, aged 37, of Lenihan Ave, Ballinacurra Weston, was found guilty by the Special Criminal Court in 2012 of telling witness Alice Collins at Hyde Avenue, Limerick on September 30, 2010 that he would kill or cause serious harm to her sons Gareth and Jimmy Collins.

The non-jury court also found him guilty of the intimidation of potential prosecution witnesses Alice and April Collins with the intention of obstructing the course of justice on the same occasion.

The three-judge Special Criminal Court sentenced him to six years’ imprisonment on April 18, 2012.

The DPP unsuccessfully sought a review of Dundon’s sentence yesterday on grounds that it was “unduly lenient”.

Speaking on behalf of the Court of Appeal yesterday, Mr Justice George Birmingham said the three-judge court had decided not to accede to the DPP application.

He said the court would not be reviewing Dundon’s sentence, and detailed reasons for the decision would be given at a later date.

Counsel for the DPP, Shane Costelloe SC, moved the appeal on grounds of how the non-jury court dealt with the question of the crimes’ impact on the victims, as well as Dundon’s relevant previous conviction.

Mr Costelloe said the Special Criminal Court did not even consider whether a written victim impact statement could be allowed as a submission and had taken the view that it didn’t have to consider the impact of the crimes on the victims at all.

Dundon’s barrister, Michael Bowman SC, said the six-year term could not be seen as a radical departure nor be viewed as out of the ordinary or lenient.

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