On 20 March 2007 he was sentenced to one year's imprisonment and fined €75,000. The judge criticised Fahy for attempting to implicate other councillors and the fencing contractor in his actions. Senator Michael Kitt criticised the severity of the sentence. Fahy was given two weeks to get his affairs in order and make provision for his dependent mother. In this time he was taken ill and received hospital treatment for heart problems, further delaying the start of his sentence. He also launched an appeal. He was taken from hospital to prison on 23 April 2007.