The Supreme Court has reduced the period during which Kevin Molloy must refrain from debt collection after finding that a seven-year restriction imposed with his suspended sentence was unbalanced.
Mr Molloy was sentenced in May 2020 after pleading guilty, on the day of trial and after a jury had been sworn, to two counts of harassment. The charges concerned threatening calls and texts to a woman’s father, and posters and messages targeting the woman, in an effort to pressure a man over a claimed debt. The second count was taken into consideration.
The Circuit Criminal Court imposed 30 months’ imprisonment on the first count, suspending the final 12 months for seven years. Conditions included probation supervision, no contact with the victims or their families, and a ban on direct or indirect involvement in debt collection for the suspension period. The Court of Appeal dismissed Mr Molloy’s sentence appeal in September 2020.
On further appeal, the Supreme Court considered the length of the suspension, the work restriction and the appropriate sentencing approach for harassment and similar offences. It gave guidance that sentence severity should reflect the offender’s culpability and the harm to victims. It said repeated threats or interference can cause serious harm, whether the conduct is carefully planned or emotionally driven.
The Court found no error of principle in placing this offending near the upper end of the median range and the lower end of the worst category. It noted the victims’ experience and Mr Molloy’s criminal record. But it concluded that the seven-year suspension, coupled with a restriction on earning a lawful livelihood, made the overall sentence unbalanced without special justification. The debt-collection condition formed part of the punishment and could continue beyond the suspension period, provided the sentence remained balanced.
The Court varied the sentence so the debt-collection restriction applies for the full suspended portion and for 18 months beyond it. The judgment does not state that the prison sentence itself was changed.