The Court of Appeal has dismissed Richard Shaw’s appeal against the severity of a 32-month prison sentence for burglary, finding no error in the sentencing judge’s treatment of his previous sentence and rehabilitation efforts.
Shaw was sentenced on 7 February 2023 after pleading guilty to burglary under section 12(1)(b) and (3) of the Criminal Justice (Theft and Fraud Offences) Act 2001. The Court of Appeal judgment, delivered by Ms Justice Isobel Kennedy on 1 February 2024, records that the offence took place on 21 April 2022 at about 11pm.
The judgment says a woman was alone at home when she heard noises at the front door and saw a shadow in the hallway. She called Gardaí. The intruder went upstairs and entered her bedroom. She recognised him as a casual acquaintance and shouted at him to leave. He left with a pair of sunglasses from under the stairs. The front door had been closed but unlocked. Shaw was arrested in the hallway and was intoxicated.
The appeal argued that the sentence was overly punitive given Shaw’s personal circumstances and mitigation, and that the sentencing judge had not explained what allowance was made for mitigating factors. His counsel highlighted addiction issues, treatment and rehabilitation efforts, an apology, and a Probation Service assessment said to place him at low risk of reoffending. The prosecution argued that 32 months was not excessive, citing the entry into an occupied home and confrontation with its occupant.
The Court of Appeal said identifying a headline sentence can help make sentencing transparent, but failing to do so does not necessarily amount to an error in principle. It found that the sentencing judge had taken account of Shaw’s existing prison term for assault causing harm, which was due to end in January 2024. Although the judge could have imposed a consecutive sentence, the appeal court said his remarks showed he had effectively sentenced Shaw as if dealing with both offences together.
On rehabilitation, the appeal court noted that the burglary occurred after Shaw’s time at Coolmine Drug and Alcohol Treatment Centre. It also recorded his progress in custody and enhanced prisoner status, but found no error in the sentence imposed. The court dismissed the appeal; the 32-month sentence remained in place.