The Court of Appeal has increased the sentence imposed on Carl Freeman for an aggravated burglary at an elderly couple’s home in Co Wicklow, finding the original sentence unduly lenient because its starting point was too low.
Freeman pleaded guilty in Bray Circuit Criminal Court to aggravated burglary. In July 2017, he received seven years’ imprisonment, with the final three years suspended. The sentencing judge also took two false imprisonment counts and two assault causing harm counts into consideration.
The offences took place in the early hours of 12 March 2015 at the home of William and Kathleen Crean, near Ashford. Three men entered the house armed with hurleys and demanded money and valuables. One struck Mr Crean on the shoulder with a hurley and grabbed Mrs Crean by the throat. The intruders took about €150, removed the landline from the wall and took Mr Crean’s mobile phone.
The Court of Appeal noted the victims’ vulnerability, the planned nature of the burglary, the threats and violence, and the lasting effects described in their victim impact statements. It also considered Freeman’s age, drug addiction, guilty plea, remorse and steps towards rehabilitation, as well as his previous convictions.
The court said the appropriate headline sentence was nine to 11 years. It concluded that the original seven-year starting point was a very lenient departure from the norm, even allowing for the sentencing judge’s discretion. The court accepted that the judge could take account of the time Freeman had already served for related road traffic offences, because the stolen car used to transport the intruders to the house also served as their getaway vehicle.
The Court of Appeal quashed the original sentence and imposed a ten-year sentence, suspending the final four years. It said the resulting custodial term was six years, excluding remission and provided Freeman complied with the suspension conditions. The sentence was backdated to 10 July 2015 to account for time served on the road traffic offences. The original suspension terms remain in place.