Belle­field ATM rob­ber has his jail term cut

Enniscorthy Guardian - - FRONT PAGE -

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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