Enniscorthy Guardian

Bellefield ATM robber has his jail term cut

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A raider jailed for his role in the theft of an ATM machine from an Enniscorth­y petrol station, which was dislodged using a JCB, has had his jail term cut on appeal.

Joseph Berry (30), with an address at Closh Pump, Staplestow­n Road, in Carlow, had pleaded guilty to theft and linked offences at the Maxol/Mace service station at Bellefield Road, Enniscorth­y, on July 24, 2009.

He was sentenced to four years imprisonme­nt at Wexford Circuit Criminal Court by Judge Barry Hickson on June 28, 2016.

Berry successful­ly appealed his sentence yesterday (Monday) with the three-judge Court of Appeal holding that the Circuit Court judge gave insufficie­nt credit for ‘strong mitigating factors’ before suspending the final nine months of a new four year term.

The Court of Appeal heard that constructi­on work was under way at the Maxol/Mace service station and there was a JCB digger on site.

One of the gang got into the JCB, hotwired it and drove it at the ATM several times in order to dislodge it from the wall.

A number of the gang succeeded in pushing the ATM into the bucket of the JCB and it was then manoeuvred by the JCB onto a stolen trailer, after which, the gang proceeded to make good their escape.

The ATM was owned by Ulster Bank and computeris­ed records indicated that a sum of €205,100 had been in the machine when it was removed.

Mr Justice Alan Mahon said Joseph Berry was the younger cousin of two of the gang members and the only one without previous conviction­s. Berry’s cousins were convicted after a lengthy trial and another accomplice went into the garda witness protection programme.

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