The Court of Appeal has reduced Rory Gahan’s sentence for an aggravated burglary at the home of a 65-year-old man in Graiguenamanagh, Co Kilkenny, from eight years to six years.
Gahan had pleaded guilty on 3 October 2012 to aggravated burglary arising from an offence committed at the home of Mr Hayden on the night of 9 January 2011. Hayden was living alone at the time.
Kilkenny Circuit Criminal Court sentenced Gahan on 11 October 2012 to eight years’ imprisonment, with the final three years suspended for five years.
When the appeal was first considered on 16 January 2015, the Court of Appeal found that the Circuit Court had not overstated the seriousness of the offence. It accepted that an eight-year headline sentence was appropriate.
However, the appeal court found an error in how mitigation had been applied. It held that the substantial mitigating factors should have produced an unconditional reduction in the custodial term, rather than being reflected only through a suspended portion that could later be activated if Gahan breached its conditions.
The court adjourned resentencing to obtain updated information. By March, it had received a probation report and drug-testing results showing significant progress in Gahan’s rehabilitation.
The court was told that Gahan had started methadone treatment before his original sentencing and had since reduced his dependency. Urinalysis results for January and February 2015 indicated that he was drug free and no longer taking methadone. The court described that as a significant achievement given his previous heroin addiction.
It substituted a six-year sentence, with the final two years suspended for two years. Conditions included keeping the peace, remaining drug free except for prescribed medication, and cooperating with the Probation Service. A post-release supervision order was also imposed.