The Court of Appeal has imposed three years’ imprisonment on Dean Kelly after finding that fully suspended sentences for a series of burglaries and related offences at occupied Dublin homes were unduly lenient.
The Director of Public Prosecutions sought a review of sentences imposed on 28 November 2014. Kelly had been dealt with for offences including six burglaries, four counts of unlawfully taking vehicles, seven counts of criminal damage, two thefts and one count of producing an article capable of causing serious injury during a dispute.
The offences occurred in quick succession on 19 January 2014. The court said Kelly unlawfully entered a number of occupied homes and stole, or attempted to steal, electrical goods, vehicles and a motorbike.
In several incidents he fled when confronted. Others involved threats or violence. The judgment records that an 88-year-old woman was aggressively shoved against a wall while Kelly demanded her car keys. In another incident a person was threatened with a knife, while in a further case Kelly unsuccessfully tried to force his way into a house as the occupant attempted to shut the door.
The original sentencing judge imposed concurrent terms, including two-year sentences on three offences, but suspended all of the sentences for three years subject to conditions concerning Kelly’s residence and treatment for drug problems.
The Court of Appeal held that both the sentence levels and their complete suspension were unduly lenient. Kelly had 52 previous convictions and had repeatedly received opportunities to avoid further offending.
The court also considered reports documenting longstanding personal and psychiatric difficulties. It said these did not excuse the offences but were relevant to rehabilitation.
Ordinarily, the court said, counts 10, 11 and 17 would each have attracted four years. However, because Kelly was being resentenced more than a year after receiving wholly suspended terms, and to preserve some prospect of rehabilitation, it imposed three years concurrently on those three counts. The remaining offences were taken into consideration.