The Court of Appeal has increased Daniel Kavanagh’s sentence for his part in an armed robbery at a shop and sub post office in Clogherhead, Co Louth, in April 2015. It quashed the original sentence and imposed concurrent seven-year terms for possessing a sawn-off shotgun with intent to commit an indictable offence and for robbery. The final two years of each term were suspended on similar conditions, and both sentences date from 21 July 2016.
Kavanagh pleaded guilty to both offences at Dundalk Circuit Criminal Court on 6 July 2016. The sentencing court imposed four years’ imprisonment on the firearms count, suspending the final two years, and took the robbery count into consideration without imposing a separate sentence.
The Director of Public Prosecutions applied for a review under section 2 of the Criminal Justice Act 1993, arguing that the sentence was unduly lenient. The Court of Appeal found that taking the robbery count into consideration without the Director’s consent, and without a distinct sentence, was an error of principle. It said serious offences such as robbery should ordinarily receive separate sentences. The court also noted that the issue had not been raised with the sentencing judge and described the error as understandable in the circumstances.
The court considered the circumstances of the robbery. Two hooded individuals entered the premises, where staff and customers were present. One carried a sawn-off shotgun and struck a glass panel at the post office counter with it; the gun was also pointed at a staff member. Cash of €2,250 was handed over. As the men left, the shotgun was pointed at a detective who had challenged them outside. A vehicle driven by a third person was driven at the detective, who was struck but not injured. The cash was recovered at the scene. Kavanagh ran to the rear of the premises and was later apprehended.
The sentencing judge had considered whether exceptional and specific circumstances justified a sentence below the five-year minimum for the firearms offence. The Court of Appeal said the four-year sentence, with two years suspended, was nevertheless unduly lenient given the seriousness of the offences and Kavanagh’s previous convictions. It said a sentence of seven to nine years was required for the firearms offence, then imposed seven years with the final two suspended, taking account of mitigation including certificates of achievement earned in custody.
For robbery, the court imposed a separate seven-year term, also with the final two years suspended. It said Kavanagh knew a shotgun would be used to terrorise staff and customers and had freely participated, while accepting that fear contributed to his involvement. The two sentences are concurrent.