Judge stresses Byrne couldn’t have known con­se­quences

Bray People - - NURSERY & MONTESSORI -

SEN­TENC­ING BYRNE to four years Judge Michael O'Shea said Byrne was the driver of the van while an­other per­son car­ry­ing a knife car­ried out the rob­bery.

He said a knife was put to Ms. Kay O'Con­nor's face dur­ing the course of the rob­bery which ‘would have been fright­en­ing to the ex­treme'.

He said Byrne and the other youth had ‘cased' the shop prior to the rob­bery and Byrne had parked around the cor­ner ‘so the van could be used as a get­away van'.

He said Byrne ‘ap­pears to have been re­cruited and was not in­volved in the plan­ning. I am sat­is­fied that in re­spect of the rob­bery Byrne was in a lesser cat­e­gory.

‘How­ever, the driver plays an im­por­tant link firstly by driv­ing to but also driv­ing away from the crime. This is of sub­stan­tial ben­e­fit to the per­son who car­ries out the rob­bery.

‘ This was a se­ri­ous of­fence and his (Byrne's) in­volve­ment was as the driver of the van. He was aware the other per­son had a knife when trav­el­ling to the rob­bery and when leav­ing the van, how­ever, I must stress he couldn't have been aware of the con­se­quences which sub­se­quently hap­pened.

‘He will­ingly drove to the rob­bery, he will­ingly waited and he will­ing drove him (the other youth) away.'

Judge O'Shea then sen­tenced John Byrne to a term of four years im­pris­on­ment which he di­rected is to run from April 23, 2010 and added that credit should be given for the 10 days which Byrne ini­tially spent in cus­tody in late Novem­ber/early De­cem­ber 2009.

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