The Court of Appeal reduced Stephen Wilson’s six-year prison sentence for burglary at the Court Hotel in Ballina to four years, suspending the final year on conditions.
The ex tempore judgment was delivered on 21 November 2016 by Mr Justice Sheehan, with Justices Mahon and Edwards also listed. The appeal concerned sentence severity, not the conviction. Wilson had been convicted after a two-day trial at the Circuit Criminal Court in Castlebar on 22 October 2015.
The appeal argued that the six-year headline sentence was too high, that the sentencing judge was wrong to find no mitigation, and that part of the sentence should have been suspended to encourage rehabilitation. The Director of Public Prosecutions opposed the appeal, arguing the sentence was proportionate and there was no general rule requiring partial suspension.
The court said Wilson entered the hotel as a trespasser at about 5.30am while walking along Main Street, Ballina, towards the bus station, and took a till from behind the bar. It contained more than €1,000; when recovered in a black plastic bag behind the hotel, it held more than €535.
At the time, Wilson was a recovering heroin addict who had faltered in his recovery. He had moved from Dublin to Ballina in an effort to overcome his addiction. The judgment records evidence before the sentencing judge of 12 burglary offences since 2000, despite a dispute about the total number of his previous convictions. The appeal court said the sentencing judge was rightly concerned about his record, particularly the burglary convictions.
The Court of Appeal said the offence was not planned and did not involve someone’s home, while stressing that it remained serious and warranted imprisonment. It concluded that the six-year headline sentence was out of line with sentences for similar offending and that four years was appropriate on the particular facts. The court also considered information provided at the appeal that Wilson’s father had died during his imprisonment, that Wilson had been unable to attend the funeral or visit the grave, and that he was undergoing detoxification.
The court resentenced Wilson to four years’ imprisonment and suspended the final year to incentivise his efforts. The suspension is conditional on him entering a €100 bond to keep the peace and be of good behaviour for one year after release. The judgment does not state that the conviction was set aside.