The Court of Appeal has resentenced Robert Maguire after finding that the custodial part of his sentences for assault causing harm and false imprisonment was unduly lenient.
Maguire had pleaded guilty and was convicted at the Central Criminal Court in January 2017. In July that year he received concurrent four-year prison sentences, with the final two years of each suspended for two years on conditions. The Director of Public Prosecutions applied under section 2 of the Criminal Justice Act 1993 to review the sentences.
The offences arose from an attack on Maguire’s former partner at her home on the night of 14 to 15 January 2012. The Court of Appeal’s account said she woke to find him shouting, hitting and spitting at her. He grabbed her by the throat, pushed her onto the bed and kicked her. He left and returned to the bedroom, locking the door on both occasions, and continued the assault. She fell unconscious. Three of her four young children were in or near the bedroom during the incident. A neighbour heard screaming and gardaí were called; the woman was taken to hospital.
The Director argued that the sentencing judge had treated false imprisonment as ancillary to the assault and that suspending half of both sentences gave excessive weight to mitigation. The respondent argued that the offences were closely linked and could be sentenced together. The appeal court accepted that, in the particular circumstances, the sentencing judge was entitled to take a global approach. It also adopted the sentencing judge’s understanding that Maguire had not locked the door when he finally left the bedroom, because that was how the evidence had been summarised at sentencing.
The court did find an error in suspending half of each sentence. It said the mitigation did not justify reducing the custodial element by 50%, and concluded that the resulting two-year net custodial term was unduly lenient. The court heard sworn evidence that Maguire had used his time in custody positively, including completing a business start-up course.
It quashed the original sentences and imposed concurrent four-year terms, with the final 12 months of each suspended for three years on similar conditions to those set below. The court said it took account of the mitigation and Maguire’s progress in prison when setting the suspended period.