Alan Harte's sentence upheld after prosecution appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal refused the Director of Public Prosecutions’ application to increase Alan Harte’s sentence on 24 April 2015. His six-year sentence, with the final three years suspended, remained in place.

Mr. Justice Sheehan delivered the judgment. The DPP had sought to remove part of the suspension and return Harte to prison for perhaps another year or 18 months. Harte had already been released, was under active Probation Service supervision and was working in the community.

Harte pleaded not guilty to the murder of Peter Gunne. The murder charge concerned 4 January 2009. On 31 March 2014, a jury acquitted him of murder but convicted him of doing an act with intent to impede apprehension or prosecution, contrary to section 7(2) of the Criminal Law Act 1997. A summary of the evidence was given at a sentence hearing on 19 May 2014. The proceedings were reported on 24 April 2015.

The suspended sentence required Harte to keep supervision appointments, provide his address and immediately report changes, and live at an address agreed with his probation officer. He had to comply with substance-abuse directions, attend assessment and treatment, remain drug-free, engage with directed counselling and support, and follow directions concerning drug tests. He also had to attend directed training or employment services and participate in directed therapeutic services and life-skills assistance. The same conditions applied to a three-year post-release supervision order.

The court found that the sentencing judge had considered the offence’s seriousness, victim impact statements and Harte’s circumstances, applying proportionality and rehabilitation principles. It regarded the suspension conditions as onerous and an additional significant sanction. Returning him to prison could be disproportionate and possibly counterproductive. The sentence was not a substantial or gross departure from an appropriate sentence and was not unduly lenient.