The Court of Appeal has dismissed James Barry’s appeal against the severity of sentences imposed for two robberies, finding that the sentences fell within the range available to the Circuit Court judge and that no error in principle had been shown.
The appeal concerned an aggregate seven-year term imposed in Dublin on 5 July 2017: two years and six months, followed consecutively by four years and six months, with the final two years and six months suspended. The term was backdated to 4 February 2017. The appeal court delivered its judgment on 9 October 2018.
The first robbery took place at Bridge Pharmacy on Upper Camden Street, Dublin, on 5 March 2015. The judgment says Barry grabbed a staff member by the shoulder and directed her towards the till. He left with the till contents, but was caught by Gardaí after staff and neighbouring business owners pursued him. The money was recovered, and he made full admissions in detention. He said he had fallen behind on maintenance payments and had missed a Family Court hearing that day.
Barry pleaded guilty on 20 December 2016. While on bail awaiting sentence, he committed a second robbery at a McDonald’s restaurant in Rathmines on 4 February 2017. He disguised himself with glasses and a scarf, held a knife to a staff member’s ribs and took about €330 from four tills. After leaving in a taxi, he ran into Dodder Park and entered the river before being removed by a Garda. He initially said he had produced a metal cross, but Gardaí said CCTV showed a knife.
The appeal grounds challenged the sentencing judge’s approach to setting a headline sentence, her assessment of seriousness and her treatment of mitigating factors, including the guilty pleas, Barry’s difficult childhood and family responsibilities. The court also heard that he was the primary carer of a young child with health issues and had three other children from a previous relationship.
The Court of Appeal said the second robbery was serious, involved a knife and had traumatised the victim. Because it was committed while Barry was on bail, the sentence had to be consecutive and the bail status was also an aggravating factor under statute. The court said failure to follow recommended sentencing practice would not by itself require a sentence to be quashed. It found no error and dismissed the appeal.