The Court of Appeal set aside a three-year prison sentence imposed on Paul Mason for a serious burglary in Galway and resentenced him to three years’ imprisonment, suspending the final 18 months on the usual conditions.
In a judgment delivered on 18 July 2016, the court said the sentencing judge had erred by treating a full three-year term as the only option after Mason was found unsuitable for community service. The appeal court said a suspended or partly suspended sentence was open to the judge. It considered the offence merited imprisonment, set aside the original sentence and sentenced Mason afresh.
Mason had pleaded guilty in the Circuit Criminal Court in Galway on 3 March 2015 to burglary under section 12(1)(b) of the Criminal Justice (Theft and Fraud Offences) Act 2001. The offence occurred on 30 October 2013.
The judgment said Jim Donovan was at home with his family when five men arrived. Donovan told investigating gardaí that four men beat him while another stood by the stairs. The men demanded money and asked about a safe. He was given a phone number and threatened with a bomb under his car if he did not cooperate the next evening. One intruder also threatened the children. Donovan sustained injuries.
Mason initially denied visiting the house. After Donovan identified him in an identity parade, Mason admitted going there, grabbing Donovan, pushing him behind a door and punching him. He denied demanding money or delivering a message. Gardaí believed the men were associated with an illegal organisation seeking to extort money, according to the judgment.
At the original sentencing hearing, the judge sought a community service report while saying he was considering a three-year sentence. When told Mason was unsuitable for community service for health and safety reasons, the judge imposed three years, saying he had no other option.
On appeal, Mason’s counsel argued that the judge should have considered a suspended or partly suspended term. The prosecution submitted that three years was proportionate and that the judge had not committed to community service as the outcome.
The appeal court noted Mason’s guilty plea, admissions, favourable probation assessment, employment history and separation from the people involved in the offence. It also received a prison governor’s letter stating Mason was on an enhanced regime and was told he had completed his junior certificate. The court nonetheless said the violent attack and threats required a prison sentence. The judgment records the suspension as being subject to the usual conditions, without specifying them.