The Court of Appeal has dismissed Gerard Grey’s appeal against the severity of a five-year prison sentence for attempted robbery, finding no error in principle in the sentencing judge’s approach.
The court heard the appeal on the basis that Grey had pleaded guilty to one count of attempted robbery at the Circuit Criminal Court in Wicklow in April 2013. The offence took place on 19 July 2010 at EBS premises in Greystones. The judgment said Grey entered with Christopher Heffernan, vaulted over the counter with a gun and demanded money from cashier Lorraine O’Reilly. After the alarm sounded, he left and was apprehended following a car chase.
Grey’s counsel argued that the sentencing judge had not properly taken account of mitigating factors. The Court of Appeal reviewed the sentencing transcript and said the relevant material had been put before the judge and considered. That included a psychiatric report, Grey’s apology to O’Reilly, his attendance at an organisation called Hope, evidence from a senior project worker, peer education, football training and his efforts to deal with heroin addiction.
The appeal court said the sentencing judge had weighed those matters against aggravating features, including the frightening and aggressive way the offence was carried out and the use of a gun. It rejected the claim that the judge had failed to consider the mitigation.
The second ground concerned the difference between Grey’s sentence and Heffernan’s four-year sentence. The judgment said Grey was the more active participant: he brandished the gun, crossed the counter, made the demand and drove away. It also noted that Grey had 31 previous convictions, including three for robbery, while Heffernan had 23 convictions, including two for robbery.
The court concluded that the sentencing judge had a rational basis for distinguishing between the men, taking account of their respective roles and records. It held that the disparity did not establish an error in principle and dismissed the appeal. The five-year sentence therefore remained in place.