Court of Appeal replaces Dean Moore’s suspended robbery and assault sentences
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
The Court of Appeal allowed a prosecution appeal against Dean Moore’s sentences for robbery and assault causing harm on 14 March 2017. It found the original sentences unduly lenient but imposed a similar sentence, entirely suspended for three and a half years, with 18 months of probation supervision.
Moore had pleaded guilty to both offences. Dublin Circuit Criminal Court sentenced him on 12 February 2016 to three years and six months for robbery and two years and six months for assault causing harm. Both sentences were suspended in full for three years.
The original conditions included one year’s probation supervision, compliance with probation directions and appointments, offending behaviour work and community addiction support. Gambling treatment and other services were required if the Probation Service considered them necessary. The court also directed that €900 made available by Moore be paid to the injured party as an expression of remorse.
The judgment said Moore attacked the victim at about 4am on 3 June 2013, demanded his wallet and kicked him about ten times while he was on the ground. The wallet was found on Moore when he was apprehended. The victim suffered a broken nose, jaw fractures, a leg injury and bruising. The judgment recorded, as a mitigating factor, that Moore had mistakenly believed the victim had previously struck a woman.
Delivering the appeal judgment, Mr Justice Mahon said the assault’s savagery and completely unprovoked nature meant that a significant part of the original sentence should have involved immediate custody. The court quashed the original sentences. It said the replacement meant Moore faced the risk of imprisonment for almost seven and a half years from the assault if he engaged in criminal activity during that period.