The Court of Appeal resentenced a man convicted of intimidating a witness, making two 18-month prison sentences concurrent rather than consecutive and suspending the final nine months for two years after his release.
The court said a custodial sentence was required because the offences were serious, harmed the complainant and threatened the administration of justice. It identified a limited error of principle in the original sentencing: insufficient weight had been given to the appellant’s first-offender status, low likelihood of reoffending, and the severe effect imprisonment would have on his family.
A jury at the Central Criminal Court in Dublin found the appellant guilty on 2 December 2015 of two counts of witness intimidation under section 41 of the Criminal Justice Act 1999. He had been sentenced on 25 January 2016 to 18 months on each count, with the second term to begin after the first. The second term was suspended for 18 months on conditions, including a €100 bond. He was also ordered to have no contact with the complainant.
The Court of Appeal heard that the appellant had sent the complainant threatening texts and emails in March and May 2010, saying he would tell her family and neighbours that she provided sexual services unless she withdrew allegations of sexual assault. The judgment said the communications identified her home location and referred to releasing a compromising video. It noted there was no threat of violence.
The appeal argued that the sentencing judge had given too little weight to the appellant’s good character and the punitive impact of imprisonment on him and his family. The respondent emphasised the seriousness of witness intimidation. The appellant’s counsel accepted that immediate custody was warranted but argued that 18 months was too harsh.
The appeal court noted the appellant had no previous convictions, positive indications for rehabilitation and a remote likelihood of reoffending. It also considered the effect of his imprisonment, including on his three young children, and the family’s financial difficulties. The judgment said he had been in custody for about six months and that the family home faced a threat from missed mortgage repayments.
The court resentenced him as of the appeal hearing. It ordered that both 18-month terms run concurrently and be backdated to 2 December 2015, when he first entered custody. The final nine months were suspended for two years after release, subject to a €100 bond. The no-contact order was continued. The court did not overturn the convictions or remove the custodial sentence.