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Judge gave insufficient discount for mitigation in robbery sentencing
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Court of Appeal allows appeal against the severity of sentence imposed for robbery of Subway restaurant, and substitutes a sentence of five years’ imprisonment with the final year suspended, on the grounds that there was insufficient discount on the mitigation side of the sentencing equation.
Criminal law – sentencing – appeal against severity of seven years’ imprisonment with final two suspended imposed for robbery contrary to s.14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – whether in assessing the seriousness of the offence the sentencing judge fixed on a headline sentence that was too far along the range or spectrum of available penalties – whether an appropriate allowance for mitigating factors was made – whether the sentencing judge adequately reflected the available mitigation, both in terms of the amount of allowance made and the manner in which the sentence was structured – there was insufficient discount on the mitigation side of the sentencing equation – error of principle identified – five years’ imprisonment with the final year suspended substituted – appeal allowed.
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