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Court of Appeal allows appeal of unduly sentences imposed for various driving offences where a stolen car was driven erratically around Dundalk and rammed into the side of a garda van before coming to a stop, and increases the sentences to two years' imprisonment with the final twelve months suspended, on the grounds that sentencing judge’s determination of the appropriate headline sentences for the unlawful taking and criminal damage counts - at ten months and twelve months respectively - was unduly lenient, and a net custodial term of six months amounted to “a clear divergence by the court of trial from the norm”.
Criminal law – sentencing – undue leniency – whether an overall sentence of 12 months' imprisonment with the final 6 months suspended imposed for various driving offences was unduly lenient – s. 2 of the Criminal Justice Act 1993 – stolen car was driven erratically around Dundalk and rammed into the side of a garda van before coming to a stop – sentencing judge’s determination of the appropriate headline sentences for the unlawful taking and criminal damage counts - at ten months and twelve months respectively - were unduly lenient – net custodial term of six months amounts to “a clear divergence by the court of trial from the norm” – error in principle identified – concurrent sentences of two years' imprisonment with the final twelve months suspended substituted – appeal allowed.
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