The Court of Appeal reduced Anthony O’Sullivan’s sentence for a robbery and attempted robbery at a Cork City shop, replacing a five-year term with four years’ imprisonment and suspending the final year subject to conditions after his release.
In an ex tempore judgment delivered on 21 April 2016, the court allowed the appeal against sentence and set aside the sentence imposed in February 2015. It said the original sentencing judge had erred in principle because the appeal court could not determine how mitigation and rehabilitation had been taken into account, and because the judge had not received proper evidence or an accurate summary of O’Sullivan’s criminal record. The Court of Appeal then held a fresh sentence hearing.
The offences occurred shortly before 9pm on 30 January 2014. The judgment said O’Sullivan entered Gill Abbey Stores in Cork City carrying a wheel brace, with his face covered by a scarf. He demanded money from the shop assistant, who refused. He then took a purse and phone from a student nearby. The value of the property was €322. No physical injuries were reported.
O’Sullivan pleaded guilty to robbing the student and attempting to rob the shop assistant. The original sentence comprised two concurrent five-year terms, with the final year suspended. The shop assistant told the sentencing court that she had been frightened and felt obliged to carry a panic button at work. The student did not wish to make a victim impact statement.
The appeal court described the offences as serious. It said the sentencing judge had been entitled, in light of the probation report, to give no weight to O’Sullivan’s expression of remorse. The court also noted that he cooperated with Garda O’Leary and made admissions after being taken to Anglesea Garda Station; together with his guilty plea, it treated this as serious mitigation.
The court considered documents showing that O’Sullivan had participated in counselling and relapse-prevention and other education programmes in prison. It also cited the probation report’s account that he had been addicted to heroin at the time of the offences and had abused drugs since age 13. Taking these matters and his family circumstances into account, the court reduced the custody element by 25%.
The suspended year is conditional on O’Sullivan keeping the peace and being of good behaviour for one year after release. The judgment did not identify a new release date.