Death-threat Limerick man has jail time reduced

The Court of Criminal Appeal has reduced the jail sentence imposed on Limerick man Wayne Dundon for threatening to kill a young barman, who had refused to allow his 14-year-old sister into a pub, from ten to seven years after finding that the original sentence was unduly severe.

Dundon (aged 29), of Lenihan Avenue, Prospect, Limerick, was convicted in May 2005 at Limerick Circuit Court of threatening to kill Ryan Lee at Brannigan's Pub, Mulgrave Street, Limerick, on December 19th, 2004.

Dundon received a 10-year prison sentence from Judge Carroll Moran.

About 30 minutes after the incident with Dundon, Mr Lee was shot and injured. No charges were brought in relation to the shooting.

Today the three-judge Court of Criminal Appeal, consisting of Ms Justice Fidelma Macken, presiding, Mr Justice Roderick Murphy and Mr Justice Daniel Herbert, rejected all the grounds of Dundon's appeal against his conviction and his application to have new evidence considered.

However Ms Justice Macken said that the CCA found that the 10-year sentence imposed on Mr Dundon was "unduly severe", and was satisfied to set it aside. Instead the court decided to impose a sentence of seven years.

When the appeal was heard by the CCA last October James Lewis QC, for Dundon, argued that the 10-year sentence as "manifestly excessive". He said his client had spent almost four years in custody, and on his release intended to return to the UK with his family, where he lived until he was 19 years old.

Counsel had also argued that the judge's charge to the trial jury was not satisfactory, and the fact Mr Lee was shot shortly after the incident with Dundon should not have been put to the jury.

Opposing the appeal, Paul Coffey SC, for the DPP, argued that both conviction and sentence should stand. Dundon had previous convictions for assault and burglary in Ireland and the UK and the trial judge had taken that into account, he said.

During the two-day trial in May 2005, Ryan Lee, then aged 19, told the court Wayne Dundon had threatened to kill him after he refused to let Annabel Dundon (aged 14), into Brannigan's pub.

He said Mr Dundon made a shape of a gun with his hand and pushed it against Mr Lee's face, saying, "f*** you, you're dead".

About 30 minutes later, the barman was shot in the knee and groin area, the trial was told.