The Court of Appeal has quashed a four-year sentence imposed on Alan Judge for two burglaries in Ashbourne and resentenced him to four years, with one year suspended for three years on conditions including continued engagement with drug rehabilitation services and the Probation Service.
Judge had pleaded guilty to two burglary counts arising from offences on 28 June 2015. The sentencing court heard that both premises were unoccupied. At Murtagh’s Hardware, windows were broken, a hammer was stolen and the office area was searched; no money was taken. At Ashbourne Community Centre, Judge was found hiding in a toilet cubicle after Gardaí heard noises inside. Doors and a safe were damaged, with the damage estimated at just under €2,000.
On 17 June 2016, the trial court imposed four years’ imprisonment on each count, to run concurrently. The Court of Appeal’s judgment records that the sentences were to run consecutively to a sentence Judge was already serving because the offences had been committed while he was on bail. He appealed, arguing that the sentence was excessive and that the sentencing judge had given too much weight to aggravating factors while failing to give sufficient weight to rehabilitation.
The appeal court said the sentencing judge’s approach was “somewhat unorthodox” and did not follow recommended best practice, amounting to an error of principle. But it also said the judge had properly considered aggravating factors: the burglaries were premeditated, Judge had numerous previous convictions for similar offending, and property was damaged, particularly at the community centre. The court noted his guilty pleas, cooperation, remorse, drug addiction and rehabilitation efforts.
The Court of Appeal concluded that the straight four-year sentence was excessive in the circumstances, particularly because none of it had been suspended to encourage rehabilitation. It quashed the sentence and resentenced Judge. It set a five-year headline sentence, reduced it by one year for mitigation, then suspended a further year of the resulting four-year term for three years. If Judge complies with the bond, the effective custodial term is three years.
The suspended year is conditional on Judge entering a €100 bond to keep the peace and be of good behaviour, continuing to engage with drug rehabilitation services during the remainder of his sentence and after release, and engaging with and following all recommendations of the Probation Service during the suspension period.