The Court of Appeal quashed two concurrent two-year prison sentences imposed on Caroline McDonagh for two theft counts and resentenced her, suspending the final nine months of the sentence on the first count.
In its judgment delivered on 3 November 2016, the court imposed two years for the TK Maxx offence and six months for the Londis offence, to run concurrently. The final nine months of the two-year term were suspended on condition that McDonagh enter a €100 bond to keep the peace and be of good behaviour for two years after release.
McDonagh had pleaded guilty at Trim Circuit Criminal Court on 18 November 2015. She was sentenced on 19 February 2016. The offences arose from incidents in Navan in February and March 2015. On 11 February, she attempted to steal towels and a suitcase worth about €190 from TK Maxx. The goods were recovered. On 11 March, she stole bottles of alcohol pop worth about €24 from a Londis supermarket; those goods were not recovered.
The appeal challenged the sentencing judge’s assessment of the offences’ gravity and argued that he had not given enough weight to rehabilitation efforts, the effect of domestic violence on McDonagh, and her husband’s imprisonment. It also argued that part of the sentence should have been suspended.
The sentencing judge had cited the planned nature of the offences, McDonagh’s previous convictions, a probation officer’s assessment of a high risk of reoffending, and her abusive conduct towards a security guard as aggravating factors. Mitigating factors included guilty pleas, remorse, rehabilitation efforts and difficult personal circumstances. The judgment says McDonagh was estranged from her husband and her four children were in foster care.
The Court of Appeal said the sentencing judge had erred by imposing custodial terms that were unduly severe and by failing to provide for the prospect of rehabilitation. It noted her previous convictions for similar offending, but said the gap of almost three years since her most recent relevant previous offending left some, though minimal, prospect for rehabilitation. The court also considered testimonials and letters submitted to it when resentencing.