Court of Appeal dismisses appeal of sentence of three years' imprisonment with the final two suspended, imposed for burglary, on the grounds it was unduly lenient, the court finding that there was abundant evidence to justify the decision to afford a high priority to the penal objective of rehabilitation, and the suspension of the final two years was not so far outside the norm as to be regarded as unduly lenient.
Criminal law – sentencing – undue leniency – whether a 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 – s. 29(1)(a) of the Criminal Justice Act 1999 – quantum of discount afforded for mitigation – s. 2 of the Criminal Justice Act 1993 – whether the sentence imposed involved “a clear divergence by the court at trial from the norm” – whether an effective 66% discount on the headline sentence was excessive – judge in this case had abundant evidence to justify her decision to afford a high priority to the penal objective of rehabilitation – suspension of the final two years of the three year headline sentence was not so far outside the norm as to be regarded as unduly lenient – appeal dismissed.