The Court of Appeal left the prison terms imposed on Craig McDermott and Robert Nevin in place, but suspended the final six months of each sentence after finding the sentencing judge had not considered rehabilitation.
The court said the two men had been convicted by a jury after a two-day trial of criminal damage and theft involving the removal of the exhaust and catalytic converter from a Mitsubishi Jeep. The offences concerned a vehicle belonging to John Tansey. The original sentences were imposed at Leitrim Circuit Criminal Court on 17 February 2015: three years for McDermott and two years for Nevin, to run concurrently for the two offences.
In an ex tempore judgment delivered on 23 June 2015, the Court of Appeal rejected both men’s principal challenges. McDermott argued that his sentence was unfairly longer than Nevin’s despite their equal involvement. The court accepted the sentencing judge had identified relevant differences: McDermott had more previous convictions, including a 2007 robbery conviction that resulted in an 11-month prison term, and his probation report assessed his risk of reoffending within 12 months as very high. Nevin’s older and fewer convictions and probation report, which assessed his risk as moderate, distinguished his circumstances. The court held the difference in sentence was not unreasonable or unfair.
Nevin argued that a direction for probation reports to consider suitability for community service had led him to expect a non-custodial sentence, and that the judge should have explained why community service was not ordered. The appeal court rejected that submission. It said the judge was entitled to ask for the information to consider all sentencing options; the direction did not commit him to a community service order or rule out custody.
The court considered the original sentences generally not unreasonable. It found, however, that rehabilitation had not been considered in formulating them. Both men had acknowledged wrongdoing and expressed remorse. McDermott had said he was willing to undergo treatment for addiction, while Nevin had attended the Cuan Mhuire treatment facility.
The court therefore directed that the final six months of each term be suspended, on condition that each man behave well while in custody and for one year after release. McDermott’s sentence remained three years and Nevin’s two years; the alteration was limited to the suspension of those final six months.