Judgment: 2017-04-28 · Court archive

Court of Appeal cuts Limerick robbery sentence to two years

The court set aside a three-and-a-half-year sentence and imposed two years’ imprisonment, suspending the final eight months for the original period and on the original conditions.

Court of Appeal ·

Who, what, where, when and why

Who
  • Joseph Daly (Appellant)
  • complainant
  • co-accused
What

The court set aside a three-and-a-half-year sentence and imposed two years’ imprisonment, suspending the final eight months for the original period and on the original conditions.

Where

Places mentioned in the report

  • Ellen Street
  • Limerick
  • open prison
When

Judgment:

Other dates in the report
  • 4 March 2015

    The appeal judgment says the robbery happened at about 8.25pm on 4 March 2015 on Ellen Street, Limerick. The complainant was speaking on a mobile phone when Daly and a co-accused approached him, asked for a cigarette, raised their fists aggressively and took the phone. The court described the incident as frightening and said the complainant feared a physical assault. No physical assault or injury occurred. The complainant did not make a victim impact statement, possibly because of fear, the judgment said.

  • 12 April 2016; 11 May 2016

    Daly had pleaded guilty to one count of robbery and was convicted at Limerick Circuit Criminal Court on 12 April 2016. He was sentenced on 11 May 2016. His appeal argued that the offence had been placed too high on the sentencing scale, that mitigating circumstances had received insufficient weight, that aggravating factors had been treated speculatively and that his efforts to reform had not been adequately considered.

  • 21 April 2016

    The judgment records that Daly surrendered bail on 21 April 2016 to enter a prison detox programme, which he completed. It also noted his guilty plea, admissions, remorse, responsibility for the offence and good behaviour in custody; he was then resident in an open prison. The court said surrendering bail and entering the programme showed a willingness to acknowledge his addiction and pursue rehabilitation.

Why

Reasons reported in the judgment

The appeal judgment says the robbery happened at about 8.25pm on 4 March 2015 on Ellen Street, Limerick. The complainant was speaking on a mobile phone when Daly and a co-accused approached him, asked for a cigarette, raised their fists aggressively and took the phone. The court described the incident as frightening and said the complainant feared a physical assault. No physical assault or injury occurred. The complainant did not make a victim impact statement, possibly because of fear, the judgment said.

The Court of Appeal set aside a three-and-a-half-year sentence for a Limerick street robbery and sentenced Joseph Daly afresh to two years’ imprisonment, with the final eight months suspended for three and a half years on the same conditions imposed by the Circuit Court.

Daly had pleaded guilty to one count of robbery and was convicted at Limerick Circuit Criminal Court on 12 April 2016. He was sentenced on 11 May 2016. His appeal argued that the offence had been placed too high on the sentencing scale, that mitigating circumstances had received insufficient weight, that aggravating factors had been treated speculatively and that his efforts to reform had not been adequately considered.

The appeal judgment says the robbery happened at about 8.25pm on 4 March 2015 on Ellen Street, Limerick. The complainant was speaking on a mobile phone when Daly and a co-accused approached him, asked for a cigarette, raised their fists aggressively and took the phone. The court described the incident as frightening and said the complainant feared a physical assault. No physical assault or injury occurred. The complainant did not make a victim impact statement, possibly because of fear, the judgment said.

The original sentence was three years and six months, with the final year suspended for three and a half years. The Court of Appeal accepted that custody was warranted, citing the threat of violence and Daly’s previous convictions, though none was for robbery. It said the headline sentence was excessive and should have been less than three years, possibly no more than two and a half years. It also concluded that the original sentence did not sufficiently reflect his rehabilitation efforts.

The judgment records that Daly surrendered bail on 21 April 2016 to enter a prison detox programme, which he completed. It also noted his guilty plea, admissions, remorse, responsibility for the offence and good behaviour in custody; he was then resident in an open prison. The court said surrendering bail and entering the programme showed a willingness to acknowledge his addiction and pursue rehabilitation.

The Court of Appeal therefore set aside the Circuit Court sentence and imposed a fresh sentence of two years’ imprisonment. It suspended the final eight months for the same period and on the same conditions as the original order.

Read the original court judgment

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