Judgment: 2016-06-24 · Court archive

Court of Appeal dismisses challenge to consecutive burglary sentences

The court found no error of principle in the two sentences, including the requirement that the second be served consecutively because the offence was committed while the appellant was on bail.

The Court of Appeal ·

Who, what, where, when and why

Who
  • Louis Lennon (Appellant)
What

The court found no error of principle in the two sentences, including the requirement that the second be served consecutively because the offence was committed while the appellant was on bail.

Where

Places mentioned in the report

  • Terenure
When

Judgment:

Other dates in the report
  • 3 December 2014; 13 February 2015

    The appeal concerned a two-year sentence imposed on 3 December 2014 for a burglary and an 18-month sentence imposed on 13 February 2015 for a second burglary. The second sentence was ordered to run consecutively because the offence was committed while Lennon was on bail for the first offence. Both convictions followed guilty pleas.

Why

Reasons reported in the judgment

The Court of Appeal has dismissed an appeal by Louis Lennon against consecutive prison sentences for two burglaries, finding no error of principle in the sentences imposed individually or together.

The Court of Appeal has dismissed an appeal by Louis Lennon against consecutive prison sentences for two burglaries, finding no error of principle in the sentences imposed individually or together.

The appeal concerned a two-year sentence imposed on 3 December 2014 for a burglary and an 18-month sentence imposed on 13 February 2015 for a second burglary. The second sentence was ordered to run consecutively because the offence was committed while Lennon was on bail for the first offence. Both convictions followed guilty pleas.

The first offence involved breaking into a bistro in Terenure by kicking in the front door. The judgment said the premises sustained €2,400 in damage and the business was significantly disrupted the next day. In the second burglary, Lennon entered business premises through a back door during the night, went through the property of two employees and stole €390.

Lennon’s appeal argued that the sentencing judge had not given proper weight to rehabilitation and had failed to apply totality and proportionality. The Court of Appeal rejected the rehabilitation argument, saying the sentencing judge had considered the probation report, identified drug abuse as Lennon’s underlying problem and noted that the probation service could not identify a rehabilitation programme for him. It also said the judge’s description of Lennon as a “career offender” referred to repeated offending and its connection with addiction, rather than suggesting he earned significant income from crime.

The court said neither sentence was unduly harsh in light of Lennon’s 50 previous convictions, including 15 for burglary and one for aggravated burglary. It noted that the burglaries, though not the most serious of their type, had meaningful consequences for the affected businesses and individuals.

The court observed that the second sentence might otherwise have been as long as, or longer than, the first. Its shorter term reflected the sentencing judge’s consideration of totality and proportionality while still being required by law to run consecutively.

The appeal was dismissed. The court also noted reports of positive rehabilitation progress in custody and expressed hope that Lennon would avoid further offending after release.

Read the original court judgment

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