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Ringleader in attack where student was told to withdraw money or his girlfriend would be raped by two accomplices wins sentence appeal
Summary
The 20‑year‑old ringleader of an attack in which a student was forced to withdraw money from an ATM and threatened that his girlfriend would be raped by two accomplices has won an appeal against his sentence. He had pleaded guilty to aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9 on 27 April 2011 and was sentenced to six years' detention by Judge Martin Nolan on 29 March 2012. The Court of Appeal heard that the offender, who was 15 at the time of sentencing, held a knife to the student's throat, demanded €40 and later €600, and threatened to harm the student's girlfriend if the PIN was not supplied. The Court of Appeal, led by Mr Justice Garrett Sheehan, found that the judge had not given sufficient regard to the Children's Act and that rehabilitation should have been considered.
Who, what, where, when and why
What: Report matter: Ringleader in attack where student was told to withdraw money or his girlfriend would be raped by two accomplices wins sentence appeal. Charges or matters: aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9 on April 27 2011. Procedural stage: appeal
When:
- April 27 2011 Incident
- March 29 2012 Incident
- 2015-06-16 Publication
Case subjects
Appellant
Charges: aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9 on April 27 2011 (Admitted)
Plea: Guilty
Outcome: He was sentenced to six years detention by Judge Martin Nolan on March 29 2012. His barrister, John Aylmer SC, submitted that the sentencing judge erred in failing to have adequate regard to the provisions of the Children's Act and that a period of detention should only have been imposed as a last resort.
Places mentioned
- Botanic Avenue
- Court of Appeal
- Wheatfield Prison
Topics
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