The Court of Appeal dismissed Donal Lee’s appeal against the severity of sentences for three burglaries, but changed conditions attached to the suspended part of his sentence.
Lee had pleaded guilty to three burglaries and one trespass offence. The sentencing court imposed five years on each burglary count, with the final two years suspended, and 12 months for trespass. All sentences were concurrent and backdated to 2 February 2016. The appeal concerned only the burglary sentences because Lee had already served the trespass sentence.
The Court of Appeal said the effective custodial term would be three years if Lee complied with the suspension conditions, amounting to a 40% discount on the five-year headline term. It concluded the sentencing judge had considered the mitigating circumstances, including Lee’s guilty pleas, cooperation, age, personal history, psychological difficulties and addiction. The appeal judges found no error in using partial suspension both to reflect mitigation and encourage rehabilitation.
The court also rejected the challenge to the sentencing judge’s consideration of Lee having offended while bound by an earlier peace bond. Although section 99 of the Criminal Justice Act 2006 had not been invoked, the appeal court said that did not prevent the sentencing judge from taking the breach into account when structuring the sentence. It held that the judge had discretion over backdating and was entitled to refuse full credit for time on remand on that basis. The court found the sentence was not excessive or unduly severe.
The original suspension conditions barred Lee from entering Laytown and Bettystown and their environs for five years without written permission from the relevant Chief Superintendent. The Court of Appeal said that condition was onerous and could become disproportionate if Lee’s mother did not relocate as intended. It varied the conditions: on release, Lee must notify the Chief Superintendent of his residence and later changes. While his mother continues to live in the area, the entry restriction will not apply; instead, Lee must remain indoors at his notified residence from 7pm to 7am. If his mother moves out of the area, the original entry restriction will take effect and the curfew will end.
The judgment described burglaries at a Bettystown pub, holiday cottage, bed and breakfast in Laytown, and a retreat centre. The source records significant effects on two occupants, including ongoing fear and sleep disruption, and financial losses. The appeal court’s order varied the suspension conditions; it did not disturb the sentences themselves.