The Court of Appeal has dismissed an appeal against the severity of a six-year prison sentence imposed for aggravated burglary, finding that the sentence fell within the available range and that no error had been identified.
The sentence was imposed in the Circuit Criminal Court in Galway on 18 July 2017, after Dominic Downes pleaded guilty. It was to date from 2 March 2017. The appeal court delivered its judgment on 3 December 2018.
Gardaí were summoned to a home at Hazel Park, Newcastle, Galway, on 24 September 2016. At 1.55am, two men were seen leaving through the rear of the dwelling. The judgment identifies Downes as one of them. He dropped a bag containing stolen property and had a large hunting knife with him. Garda investigations established that he had entered through a back window. A hatchet was found below it. The judgment said both weapons had been stolen earlier from a local store for use in the burglary.
Property valued at €1,760 was taken; some, but not all, was recovered. One occupant moved out after the incident. The other suffered post-traumatic stress disorder and was off work for about two weeks. He initially moved in with family because he was afraid to live alone, and later left the house because he did not want to live there after the burglary.
The sentencing judge set a nine-year pre-mitigation starting figure and imposed six years. On appeal, the defence raised the difference between Downes’s sentence and a co-accused’s four-year term, which had been suspended for six years. The Court of Appeal said it had not been given the co-accused’s sentencing transcript and noted that the other person was a minor, which appeared to have been a significant consideration.
The appeal also argued that the sentencing judge had not given enough weight to mitigating factors and should have adjourned sentence when asked. The appeal court described the burglary as very serious, pointing to the advance theft of the weapons, the quantity of property taken and the impact on both occupants. It said that committing the offence under the influence of drink and drugs did not provide real mitigation.
The judgment also recorded that, at the same Circuit Court hearing, Downes faced appeals from District Court matters involving 49 ecstasy tablets and possession of a knife. Those offences were committed while he was on bail for the burglary. The Circuit Court imposed concurrent five-month and three-month terms, suspended for three years; the judgment said they did not extend his time in custody.
The Court of Appeal dismissed the sentence appeal. It did not alter the sentence.