Courts / Tipperary / Report
Robber who claimed sentence "sought to make example" of him loses appeal
Summary
Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.
Who, what, where, when and why
What: Report matter: Robber who claimed sentence "sought to make example" of him loses appeal. Charges or matters: robbery at the Eurogiant store, Main Street, Carrick-on-Suir on March 31, 2016. Procedural stage: appeal
When:
- March 31, 2016 Hearing Or Sentence
- December 15, 2017 Hearing Or Sentence
- 2019-03-04 Publication
Why: He said the judge in this case focused on the need for general deterrence because of the perceived problem of violent crimes in Carrick-on-Suir, and he was entitled to do so. CNI source report
Case subjects
Appellant
Charges: robbery at the Eurogiant store, Main Street, Carrick-on-Suir on March 31, 2016 (Admitted)
Plea: Guilty
Outcome: He was sentenced to seven years imprisonment with the final three years suspended by Judge Thomas Teehan on December 15, 2017, which was upheld by the Court of Appeal today. Counsel for O'Dwyer, William Bulman BL, submitted that the sentencing judge imposed a sentence that sought to make an example of his client due to what the judge called 'the growing number of violent crimes occurring in Carrick-on-Suir'.
Places mentioned
- Main Street
- Clonmel
- Clonmel Circuit Criminal Court
- Court of Appeal
Topics
Stage Appeal Theft Violent Crime
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