The Court of Appeal has allowed an appeal against the severity of a sentence for a robbery on Patrick Street in Cork, changing the discount for an early signed guilty plea from one-quarter to one-third. It held that the four-year headline sentence was not unduly severe, but quashed the sentence and imposed a new one with 16 months suspended.
Roy O’Callaghan had pleaded guilty to robbing Jonathon Hennessy at a bus stop on 27 September 2019. The judgment says O’Callaghan took Hennessy’s phone, pushed him against the bus stop, searched his pockets and threatened him. He took about €4 in change and cigarettes. No weapon was involved and Hennessy suffered no physical injury.
Gardaí arrested O’Callaghan shortly after the incident at the Parnell Place bus terminal, where Hennessy identified him. The stolen property was found on O’Callaghan, and the incident was captured on CCTV. He made full admissions and was sent forward for sentence on a signed guilty plea.
The sentencing judge imposed four years’ imprisonment, suspending the final year. The sentence was backdated to 27 September 2019. The Court of Appeal said the headline term was justified by the violence and threat, the presence of another person, and O’Callaghan’s 283 previous convictions, although he had no previous robbery convictions. The judgment records that many convictions related to alcohol-related thefts or public order offences in Cork city centre.
The appeal court rejected the claim that the headline sentence was excessive and found that the sentencing judge had sufficiently taken account of O’Callaghan’s alcohol addiction and circumstances in structuring the sentence. It also considered his signed plea despite the strong evidence against him, including identification near the scene, possession of the stolen property and CCTV.
Following its approach in DPP v Cambridge, the court said a one-third reduction should generally apply to an early signed guilty plea regardless of the strength of the evidence. It therefore varied the sentence to four years’ imprisonment with 16 months suspended on the same conditions as before. The new sentence was backdated to 27 September 2019.
O’Callaghan was also ordered to enter a €200 bond before the prison governor for two years, on usual conditions and on condition that he comply with Probation Service directions, including any directions about in-patient treatment. The court granted liberty to apply if difficulties arise concerning the bond.