The Court of Appeal has replaced an immediate prison sentence imposed on Paul Doolan for his role in a robbery at Hacketts Bookmakers in Cork with 200 hours of community service.
Doolan had received two years' imprisonment, with the final year suspended, for the December 5, 2013 robbery. He had already spent about one month in custody by the time of the appeal.
The robbery itself was carried out by a co-accused, Mr Fitzpatrick. Tracey O’Mahony, who was working in the bookmakers, was threatened as Fitzpatrick demanded money and prodded at her with a stick. She handed over €900 and then a further bundle of €5 notes. The court recorded that the incident had a significant and traumatic effect on her.
Doolan admitted giving Fitzpatrick a lift towards the bookmakers and lending him a hoodie. He said he later received €70 after learning that the robbery had gone ahead. Fitzpatrick claimed Doolan had played a more active role and received all the proceeds. The trial judge treated Fitzpatrick’s involvement as more serious than Doolan’s.
On appeal, Doolan argued that the sentencing court should have considered community service or a fully suspended sentence and should have obtained a probation report before deciding on immediate custody.
The Court of Appeal agreed on the second point. It stressed that Doolan had no relevant previous convictions, had a work history, was married with three children, pleaded guilty early and had provided admissions without which the prosecution against him may not have been possible.
Because the case was closely balanced, the appeal court held that failing to obtain a probation report was an error in the sentencing process.
A same-day assessment found Doolan suitable for community service. The court therefore substituted 200 hours of community service for 12 months' imprisonment, taking account of the month he had already spent in custody.