New law targeting gangland 'kill teams' to impose life terms for murder plots

Imre Arakas, as part of the Kinihan cartel 'kill team', only received a six-year jail term.

New laws aim to target gangland “kill teams” by replacing the current 10-year maximum sentence for conspiracy to murder with a possible life term.

The laws — due to be introduced on the return of the Oireachtas and in place by the autumn — will also double the maximum possible sentence for serious assaults and introduce new, standalone offences of stalking and non-fatal strangulation.

The proposal in relation to conspiracy to murder was proposed by Justice Minister Helen McEntee two years ago and followed Garda concerns, typically expressed privately, that prosecutions for the offence were hampered by the 10-year maximum sentence available.

A number of cases involving Kinahan associates and hired hitmen, operating in “kill teams”, resulted in sentences of less than 10 years.

Many were convicted of other offences, such as possession of firearms, participating in a criminal organisation, or directing a criminal organisation, all of which can carry longer sentences.

‘Conspiracy’ to murder is where two or more people plot to murder someone but are stopped beforehand.

Hitman's six-year term

One of the more noted convictions in recent years was Estonian hitman Imre Arakas, part of the Kinahan cartel “kill team” tasked with murdering Hutch target James Gately in 2017.

Arakas, who flew to Ireland for the job, received a six-year jail term.

Cartel associates Dean Howe and Liam Brannigan, also received the same term after they were caught by the Garda Drugs and Organised Crime Bureau (DOCB) for conspiring to murder Gary Hanley.

DOCB is also seeking to bring charges against the cartel leadership, particularly Daniel Kinahan.

If he is ever returned to Ireland, conspiracy to murder could be one charge brought against him.

In a statement, the Department of Justice said the Criminal Justice (Miscellaneous Provisions) Bill 2022 said: “The Bill will now be brought before the Oireachtas and is expected to become law in the autumn.” 

It said the minister said the sentencing proposals would target gangland criminals and allow for the seriousness of the crime to be reflected in the sentences that judges can impose.

It said the bill would also increase the maximum sentence for assault causing harm from five years to 10 years and make stalking and non-fatal strangulation standalone offences.

“It will of course be the responsibility of the judiciary to decide on the appropriate sentence in any given case,” the statement said.

“The impact of all violent crime spreads far wider than the victims alone and it is vital that the powers available to the Judiciary are such as to provide an appropriate deterrent for conspiring to commit the most heinous crime of taking a person's life.” 

Last April, the minister announced that stalking and non-fatal strangulation offences would be added to the bill as part of efforts to combat domestic, gender, and sexual violence.

Assaults involving strangulation or choking could be prosecuted as a serious offence, even if there are no observable injuries.