The Court of Appeal increased Anthony Ward’s sentence for unlawfully using a vehicle and extended his driving disqualification after finding the original sentence unduly lenient.
In a judgment delivered on 20 February 2018, the court allowed an application by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. That procedure allows the Court of Appeal to review a sentence imposed on conviction on indictment where the DPP considers it unduly lenient.
Ward had pleaded guilty and been convicted at Dublin Circuit Criminal Court on 13 January 2017 of five offences arising from events in West Dublin on 17 July 2015. The offences were unlawful use of a mechanically propelled vehicle, driving without insurance, dangerous driving, drunken driving and criminal damage. The sentencing judge imposed concurrent sentences, including three years for unlawful use of a vehicle, with the final year suspended. The other terms were four months for each of the three road traffic offences and one year for criminal damage. Six-year driving disqualifications were imposed for the three road traffic offences.
The Court of Appeal’s account said Ward was driving a stolen car at high speed through several roundabouts while being followed by gardaí. The car struck traffic lights, overturned and hit another set of lights. Part of the mechanism was propelled through the window of a parked car, which was written off; a second vehicle was also damaged. Urinalysis showed 145 milligrams of alcohol per 100 millilitres of urine.
The court highlighted Ward’s previous road traffic convictions, including dangerous and intoxicated driving, and said he was already subject to two driving disqualifications at the time. It also considered mitigating material, including his guilty pleas, efforts to address addiction, testimonials and conduct in prison.
The court said the sentence for unlawful use should have had a five-year headline term, rather than four years. It imposed a four-year term to reflect mitigation, suspended the final 12 months on conditions similar to those set by the Circuit Court, and suspended a further three months because Ward had faced sentencing twice and his expected release date would be delayed. The resulting sentence for that count was four years, with the final 15 months suspended.
The court left the sentences on the other four counts unchanged and increased the driving disqualification from six years to 15 years.