The Court of Appeal has replaced a fully suspended 4½-year sentence for robbery with a 4½-year term that includes three years in custody. It suspended the final 18 months on the same terms as the original sentencing court, citing the aim of supporting the respondent’s rehabilitation.
The Director of Public Prosecutions applied under section 2 of the Criminal Justice Act 1993 for a review of the sentence as unduly lenient. The respondent had pleaded guilty to one count of robbery, with one assault count taken into consideration. The original sentence was wholly suspended for 4½ years.
The Court of Appeal said the robbery took place in the early hours of 21 May 2022. The judgment says the respondent and victim met outside a nightclub and went to her apartment. There, she demanded money and, as the victim tried to leave, armed herself with what was described as a carving knife. He gave her €28 and called 999. The victim was struck on the cheek with a knife and needed stitches.
The court noted that the respondent had alleged the victim tried to rape her, but said the allegation was unfounded and had been accepted as false by the respondent at the sentence hearing. The judgment also records that she maintained accounts blaming the victim in interviews with gardaí and the Probation Service.
The sentencing judge had set a six-year notional sentence, reduced it to 4½ years for mitigation and suspended the whole term after considering a probation report. The Court of Appeal agreed that the six-year starting point and the reduction were within the sentencing judge’s discretion. It said the robbery was extremely serious because a knife was used and caused an injury to the victim’s face. It also noted the respondent’s 19 previous convictions, including relevant convictions for theft and possession of knives or other articles.
The appeal court found that the custody threshold had been crossed. It said full suspension was a substantial departure from the norm and that the respondent should serve most of the sentence. The court quashed the original sentence and resentenced her on the evidence presented below, as no further material had been provided. It imposed 4½ years, suspending the final 18 months on the same terms as the lower court.