Legislation does not permit re-sentencing of young offender

Criminal law – sentencing – undue leniency – whether a cumulative sentence of three years with the final two suspended was unduly lenient – burglary contrary to s. 12(1)(b) and (3) of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – damaging property contrary to s. 2(1) of the Criminal Damage Act 1991 – dangerous driving contrary to s. 53(1) of the Road Traffic Act 1961 (as inserted by s. 4 of the Road Traffic (No. 2) Act 2011 – use of a mechanically propelled vehicle contrary to s. 112 of the Road Traffic Act, 1961 – assault contrary to s. 2 of the Non-Fatal Offences Against the Person Act, 1997 – driving a mechanically propelled vehicle without holding a driving licence contrary to s. 38 of the Road Traffic Act 1961 – use of a mechanically propelled vehicle without insurance, contrary to s. 56(1) and (3) of the Road Traffic Act 1961 – s. 2 of the Criminal Justice Act 1993 – Children Act 2001 – s.11 of the Criminal Justice Act 1984 – sentences were unduly lenient – sentences represented a clear divergence from the norm – Section 156 of the Act of 2001 – s. 7A(3) of the Courts Supplemental Provisions Act 1961 (as inserted by s. 8 of the Court of Appeal Act 2014) – Bennion’s Statutory Interpretation – Interpretation Act 2005 – Maxwell on the Interpretation of Statutes – “Juvenile Justice” (Thomson Round Hall: 2005) – Court is unable to proceed to a quashing of the respondent’s existing sentence or to a re-sentencing of him – appeal allowed.