The Court of Appeal has quashed a five-year sentence imposed for criminal damage at a Cork hotel and resentenced the appellant to two and a half years in prison, with the final six months suspended for one year.
The suspended portion is conditional on the appellant entering a bond to keep the peace and be of good behaviour for 12 months after release. He must stay at least ten metres from the hotel and must not approach members of the O’Donovan family, go to places where they might reasonably be found, or go near those places.
The appeal concerned an offence on 27 December 2017. The judgment said the appellant had been barred from the hotel, met a member of the O’Donovan family and was removed after an exchange. He then kicked an external door until its bolt gave way and entered. Repair costs were described as modest. The family member said the incident had shaken her and that she worried because the appellant also lived in Clonakilty.
The appellant had pleaded not guilty to criminal damage and to related charges of threatening to damage property and threatening to kill or cause serious harm. He was acquitted of the threat charges.
The Court of Appeal said the sentencing judge had erred in setting a five-year headline sentence, having treated the offence as mid-range. It considered an appropriate headline sentence would be between two and three years, and said a three-year headline sentence would have been justified given the appellant’s record and few, if any, mitigating factors.
The court noted evidence of 24 convictions in Ireland and six abroad, including prior convictions for damaging property, carrying a firearm with criminal intent and aggravated burglary. It also noted a firm-looking offer of employment. The court said suspending the sentence for five years would have little practical value in this case and could effectively leave five years to serve. It allowed the appeal, quashed the original sentence and imposed the new sentence and conditions. The judgment does not state the appellant’s release date.