The Court of Appeal quashed the sentences imposed on Keith Chrystal for a 2016 armed robbery at Leighlinbridge Post Office and related offences, finding that the discounts for mitigation had been excessive. It imposed new sentences, to run concurrently with one another but consecutively to a 10-month sentence imposed by Naas District Court.
The judgment, delivered by Mr Justice Edwards on 19 June 2017, arose from a review sought by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. The DPP argued that the original sentences were unduly lenient.
Chrystal had pleaded guilty in Carlow Circuit Criminal Court to robbery, assault causing harm, possession of an imitation firearm and criminal damage. He also pleaded guilty to unlawfully using a mechanically propelled vehicle; that offence was taken into consideration at sentencing.
The court’s account said a car was stolen outside its owner’s home in the early hours of 1 March 2016 and later used in the robbery. Two masked raiders threatened postmaster Art O’Connor, one carrying what appeared to be a handgun and the other a hammer. They took €6,856. O’Connor was struck on the head when he tried to resist. The raiders later left in a white car, which was found burning in Carlow town. Gardaí found Chrystal hiding near the riverbank after a pursuit. The court said a realistic imitation handgun, hammer, balaclava and a large quantity of money were recovered nearby. Chrystal admitted involvement in interviews and identified himself as the person who had the imitation firearm.
The original terms were two years and six months for robbery, one year for assault, one year for possessing the imitation firearm and two years and six months for criminal damage, all concurrent from 3 March 2016. The vehicle-use offence was taken into consideration.
The appeal court said the sentencing judge had properly considered the offences’ gravity and aggravating factors, but had allowed excessive overall reductions for guilty pleas and other mitigation. It also noted that the offences were committed while Chrystal was on bail, a fact not brought to the sentencing judge’s attention.
The court imposed four years for robbery, 21 months each for assault and possession of the imitation firearm, and three years for criminal damage. Those terms are concurrent with one another and consecutive to the second of two consecutive 10-month sentences imposed by Naas District Court, which the judgment said Chrystal was understood to be serving.
The court suspended the final six months of each sentence on a €100 bond, requiring him to keep the peace and be of good behaviour for 12 months from release. The unlawful vehicle-use offence was again taken into consideration, and a driving disqualification ordered by the lower court remained in place.