The Court of Appeal has upheld the sentence imposed on Samantha Irwin for robbing a Capel Street shop after grabbing an assistant and attempting to stick her with an uncapped syringe.
Irwin had pleaded guilty to robbery and possession of ammunition without a certificate. A further charge of possessing a syringe was taken into consideration. The appeal concerned only the robbery sentence: five years' imprisonment with the final 18 months suspended and credit for time already spent in custody.
The robbery happened at the Brazil Shop on Capel Street on 20 September 2018. The court recorded that Irwin spent about ten minutes selecting items and waited until other customers had left. She then grabbed shop assistant Ms Da Silva by her jumper and arm, produced an uncapped syringe and attempted to stick it into her arm. Ms Da Silva avoided the syringe. Irwin demanded money and about €55 was handed over.
The incident was captured on CCTV. Gardaí identified Irwin, while DNA recovered from blood on a Post-it note dropped at the scene also matched her.
When Gardaí later searched Irwin's room at Haven House hostel, they found two 12-gauge shotgun cartridges. Irwin subsequently admitted possessing them and said they had been in a friend's jacket she had taken home.
On appeal, Irwin's lawyers did not dispute that the robbery was serious. They argued that more of the sentence should have been suspended to promote rehabilitation, pointing to her troubled background, severe drug addiction, early guilty plea, remorse and progress in custody.
The Court of Appeal rejected that argument. It noted that the sentencing judge had started from a seven-year headline sentence, reduced it by two years for substantial mitigation, and then suspended the final 18 months to support rehabilitation.
Mr Justice McCarthy said no error of principle had been identified. The sentencing judge had approached the case carefully and remained within the proper margin of discretion. The appeal was dismissed.