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Offender’s prospects of rehabilitation were slim
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Court of Appeal dismisses appeal from a total sentence of four and a half years imprisonment for robbery with a syringe and possession of heroin with intent to supply, on the grounds that: (a) the failure to backdate the sentence was not an error of principle where the offender (who had 55 previous convictions) was already serving other sentences; and (b) the judge had not failed to have regard to rehabilitation of the offender, a chronic addict, where the probation report suggested that such prospects were slim.
Offence: Robbery; possession of heroin with intent to supply.
Original sentence: Four and a half years imprisonment; two years.
Outcome of appeal: Dismissed.
Grounds: No error in failure to backdate sentence, where other sentences were already being served; no failure to have regard to prospects of rehabilitation, where probation report suggested that such prospects were slim.
Donnelly J (nem diss): Robbery with syringe - €120 taken from young woman - fifty five previous convictions - whether sentence was an error in principle - failure to backdate sentence - other sentence being served - history of substance abuse - rehabilitation.
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