The Court of Appeal has dismissed an appeal by Jason Doyle against a four-year prison sentence for a robbery at a shop in Kildalkey, Co Meath, and possession of an imitation firearm with intent to commit robbery.
In an ex tempore judgment delivered on 9 May 2017, the court said no error of principle had been established in the sentence imposed by Trim Circuit Criminal Court. The appeal had focused on the failure to suspend part of the four-year term. Doyle’s counsel accepted that a total sentence of three and a half to four years was appropriate.
Doyle had pleaded guilty and was convicted on both counts on 6 April 2016. He was sentenced on 15 June 2016 to concurrent terms of four years, backdated to 22 February 2016, with credit for an earlier period in custody from 29 August to 23 November 2015.
The court heard that at about 6pm on 20 October 2015, Doyle and an accomplice entered the Village Store. Their faces were obscured. Doyle carried a 6mm air pistol that appeared to be a Glock handgun and pointed it at a 16-year-old staff member while money was demanded. The accomplice used an iron bar to remove the till. No money was taken because the cash box fell out and remained in the shop. The till was damaged beyond repair, causing the owner a loss of €3,500.
About a week later, Doyle surrendered to gardaí, led them to the discarded till and provided information that helped recover the air pistol. The sentencing judge had treated his surrender, guilty plea and assistance as exceptional and specific circumstances allowing a sentence below the presumptive minimum for the firearms offence.
The appeal relied on Doyle’s rehabilitation, including courses completed in custody, his reported abstinence from drugs by sentencing, cooperation with gardaí and expressions of remorse. The court also noted the probation report’s concerns about poor engagement, high risk of reoffending and reluctance to address employment, associates and substance use. It recorded that Doyle had 37 previous convictions.
Counsel also compared Doyle’s sentence with the co-accused’s six-year term, of which the final two and a half years were suspended. The court said the co-accused faced a lengthy post-release period at risk of return to custody, had fewer previous convictions, and had not carried and aggressively pointed the imitation gun at the shop assistant. It described Doyle’s four-year sentence as lenient and dismissed the appeal.