Jail terms for aggravated burglary reduced

Two men who received 20-year prison sentences for an aggravated burglary in Co Tipperary had their sentences reduced to 18 years on appeal.

Picture: A file photo of Thomas Flynn, Moatview Avenue, Coolock, who was jailed 12 years in 2015 for his part in the raid on the home of Emma and Mark Corcoran in Co Tipperary in 2013. Flynn was one of seven men involved; five of them appealed the severity of their sentences yesterday. Picture: Liam Burke/Press 22

They had been among seven men who had pleaded guilty to aggravated burglary at the home of the Corcoran family in south Tipperary on November 21, 2013.

They had travelled from Dublin in convoy in order to commit the burglary at the Corcoran home, a bungalow in a cul de sac, in a rural area outside Killenaule.

The couple had three girls, aged 8, 6, and 2.

Mark Corcoran, who woke to see a man brandishing a machete, said the raid had completely turned his life upside down and a happy family home, with good memories, will forever be tainted by what happened that night

Jail sentences ranging from 12 to 20 years were handed down at Clonmel Circuit Criminal Court in 2015.

Five of the seven men yesterday brought appeals against the severity of their sentences in the three-judge Court of Appeal.

They were: Patrick Gately, aged 29, with an address at Primrose Grove, Darndale; Dean Byrne, aged 23, of Cabra Park, Dublin 17; John Joyce, aged 22, of Lentisk Lawn, Donaghmede; Patrick Joyce, aged 24, of Beaumont Hall, Beaumont Woods; and Thomas Flynn, aged 22, of Moatview Ave, Coolock.

Sentences of 20 years imprisonment with the final four suspended were handed down to Gately and Byrne; John Joyce was sentenced to 15 years imprisonment with the final four suspended; Patrick Joyce was sentenced to 14 years with the final four suspended; and Flynn received a 12-year sentence, consecutive to a sentence already being served.

Gately and Byrne yesterday had their 20-year tariffs reduced to 18, with the final four years suspended, due to the “excessive” divergence between their sentences and the terms of their co-accused.

The three other men failed in their appeals.

In judgment yesterday, Mr Justice George Birmingham said the court was in no doubt the sentencing judge was correct in concluding 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.

Byrne and Gately “merited the most severe sentences” and Flynn, along with the two Joyces, made up the middle group.

The sentence imposed on 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.

Mr Justice Birmingham said the sentences on the Joyces were “appropriate having regard to the gravity of the offence”. He said the sentencing judge saw fit to differentiate between them due to John Joyce being the driver and supplier of a VW Passat involved, having a more extensive prior record.

Mr Justice Birmingham said there were a number of factors why Byrne and Gately should have received the most severe sentences — being the occupants of the stolen family jeep involved in “outrageous driving”; having extensive prior records; and guilty pleas 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 of 16 years were more than three times the sentence of those who received the lightest terms and six years longer than Patrick Joyce; five years longer than John Joyce; and seven years longer than Flynn.

Significant as the reasons were for differentiating, Mr Justice Birmingham said the court concluded 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. Giving the background to the case, Mr Justice Birmingham said Mark Corcoran had been sleeping in a secluded room at the rear of the house as he had an early start the next morning and did not want to disturb the rest of the household. He was awakened by a man in a black balaclava, brandishing a machete.

Emma and Mark Corcoran: Raiders threatened to cut off Mark’s feet and to put a screwdriver up Emma’s nose.

Another taller man appeared to have a handgun, with which he struck Mr Corcoran in the face, causing him to bleed extensively.

They were shouting “where is the safe, where is the money?”. Mr Justice Birmingham said there was, in fact, no safe on the premises but the raiders refused to accept that. As they were told there was no money or safe, they became increasingly agitated.

Mr Corcoran was led into another room where he noticed a third man, also wearing a balaclava, and with a sawn-off shotgun.

He suffered significant injuries and in particular nasal injuries which required four surgeries.

He had been pinned to the ground and his hands were tied behind his back with cable ties. One raider knelt on his back between his shoulder blades, even though he was already restrained.

A threat was made to Mr Corcoran that his feet would be cut off and, given the presence of the machete, this threat was taken “very seriously”.

The two eldest daughters, who had a clear view of what was going on, became very distressed and were screaming. The youngest was in a cot and could hear the threats that were made.

Emma Corcoran saw the assault on her husband and she was dragged through the house by her hair. She was threatened that a screwdriver would be put up her nose and threats were made to her that the raiders would shoot or kill the children.

A sum of €1,300 was handed over and a substantial quantity of jewellery was taken, including jewellery Emma Corcoran had inherited from her late mother, such as an engagement ring worth €3,500, which was of considerable sentimental value. While some of the jewellery was subsequently recovered, following an anonymous tip-off in August 2015 to go to a particular place, the engagement ring has never been recovered.

While the incident was in progress Emma Corcoran, with “great presence of mind”, managed to make two separate 999 calls. As a result, gardaí were dispatched to the scene.

The raiders left in two vehicles, including the family’s car. Five of the accused were brought to a stop by the Organised Crime Unit while Gately and Byrne were stopped at Newlands Cross.

At one stage the raiders sought a key to the family car, which was taken and later encountered by gardaí in Portlaoise. They chased that vehicle. In order to evade gardaí, the vehicle was driven through the village of Ballybrittas at 200km/hr.

Byrne was asked during Garda interviews if he could “picture the kids”.

He responded: “I don’t give a fuck about kids. If they’re not mine I don’t give a fuck. I didn’t do it.”