| 18.5°C Dublin

Man who shot two during botched takeaway robbery gets 15 years' jail

Close

Joseph Behan was convicted by a jury following a trial

Joseph Behan was convicted by a jury following a trial

Joseph Behan was convicted by a jury following a trial

A man who shot two other men while trying to rob a takeaway has been jailed for 15 years.

Dublin Circuit Criminal Court heard Joseph Behan (45) shot two men when they resisted his attempts to rob the takeaway and that without the early intervention of a paramedic, there was a "good likelihood" one of the men would have died.

Behan of Edenmore Park, Raheny, Dublin, had pleaded not guilty to attempted robbery, assault causing serious harm, assault causing harm and discharging a firearm all at Mizzoni's Pizza, Edenmore Shopping Centre, Raheny, on January 1 last year.

His brother, Anthony Behan (60), also of Edenmore Park, Raheny, had pleaded not guilty to impeding the apprehension of his brother in the Edenmore area on the same date.

Both men were convicted by a jury following a trial last February 28, and were remanded in custody by Judge Martin Nolan.

Passing sentence yesterday, Judge Nolan said it seemed Joseph Behan made a determined attempt to rob the restaurant and when the occupiers resisted, he discharged his firearm twice.

Judge Nolan said one of the men shot was grievously injured and required urgent medical treatment, while the other man sustained a less serious gunshot injury to his lower abdomen.

Reprehensible

Judge Nolan said Joseph Behan behaved "in a very reprehensible way on the night in question", and could have killed a number of people.

He said that Anthony Behan disposed of a bike used during the attempted robbery knowing that his brother had been involved in a serious crime.

He said he was not sure whether Anthony Behan even knew his brother had a firearm, but he did know he was going to rob.

Judge Nolan sentenced Joseph Behan to 15 years' imprisonment.

He also sentenced Anthony Behan to two-and-a-half years' imprisonment.

Ronan Munro SC, defending Joseph Behan, said his client's father died in an accident when he was aged 18.

He said his client had no juvenile convictions and his first conviction came in 1997 when he was in his 20s.

Mr Munro said his client has been attending school while in custody, but that there is no school at the moment because of the Covid-19 pandemic.

Kerida Naidoo SC, defending Anthony Behan, told the court his client was stabbed in the chest, spleen and lungs in 1980, which contributed to his inability to work.

He also had a history of heroin addiction, but has been on methadone for some time.