The Court of Appeal declared burglary sentences imposed on John Matthews unduly lenient but left their length and suspended portions unchanged, citing new information about his rehabilitation in custody. It tightened the conditions attached to the suspended sentences and required Mr Matthews to enter a bond.
In a judgment delivered on 17 December 2019, the court considered the Director of Public Prosecutions’ application concerning sentences across four bills of indictment. Matthews had pleaded guilty to 13 burglary counts on Bill No. 763/2016 and received a four-year sentence on one count, with the other counts taken into consideration.
Three further bills also involved multiple burglary counts. The Circuit Court imposed a two-year consecutive sentence on Bill No. 928/2016, wholly suspended, and another two-year consecutive sentence on Bill No. 229/2017, also wholly suspended. On Bill No. 838/2016, it imposed a consecutive five-year sentence, with the final four years and six months suspended.
The appeal court said consecutive sentencing was necessary given Matthews’ 115 previous burglary convictions. It described the suspension of most of the additional terms as unduly lenient. However, counsel submitted that Matthews had begun to recognise the need to change his behaviour and address addiction problems.
The court relied on a Probation Report which said Matthews had been involved in burglaries for 30 years and had not previously fully engaged with a significant drug treatment programme. The report described a new effort to engage with prison services and address underlying problems. The court also noted certificates for courses completed, limited urinalysis that had returned negative results, and the report’s account that Matthews was on a drug-free wing and taking part in rehabilitation.
The court said it would follow the Probation Service’s recommendation and allow Matthews to continue working towards rehabilitation. The report envisaged release in July 2020, but the court stressed that a move directly from prison to Coolmine depended on a bed being available. It said the relevant services should work towards that transition for the projected release date or whenever release occurred.
Under the tightened conditions, Matthews must complete every aspect of the Coolmine course. For the duration of the suspension, he must then engage and cooperate with the Probation Service, follow its recommendations and directions, and take part fully in after-care services arranged by Coolmine or the service. The standard requirement to keep the peace and be of good behaviour also applies.
The court said the sentences themselves were unaltered. Its ruling was that they were unduly lenient, but it would not interfere with their length or the extent of suspension in light of the changed circumstances described in the report.