A MAN WHO shot two men while trying to rob a takeaway has been jailed for 15 years.

Dubin Circuit Criminal Court heard that Joseph Behan (45) shot two men when they resisted his attempts to rob the take-away 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 1 January 2019.

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 on 28 February 2020, and were remanded in custody by Judge Martin Nolan.

Passing sentence today, 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 but for the early intervention of a paramedic “there is a good likelihood he would have died”.

He said the other man sustained a less serious gunshot injury to his lower abdomen.

Judge Nolan said Joseph Behan behaved “in a very reprehensible way on the night in question”. He said he could have killed a number of people, though luckily for those men and for himself he did not.

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.

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 epidemic.

Kerida Naidoo SC, defending Anthony Behan, said his client was stabbed in the chest, spleen and lungs in 1980, which contributed to his inability to work. He said has a history of heroin addiction, but has been on methadone for some time.

Naidoo said the bike was left in plain view nearby and was found by gardaí. He submitted that his client did not actually succeed in impeding the investigation.