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Court of Appeal allows appeal against the severity of a sentence of eight years' imprisonment, with the final three years suspended, imposed for aggravated burglary of the home of a 65-year-old man living on his own, and reduces the term to six years with two years suspended, on the grounds that the Circuit judge did not overestimate the gravity of the offence when she concluded that a term of eight years imprisonment was appropriate, but had erred in principle in failing to unconditionally reduce the period of imprisonment imposed to reflect the significant mitigating factors prevailing at the time sentence was imposed.
Criminal law – sentencing – appeal against the severity of a sentence of eight years imprisonment, with the final three years suspended imposed for aggravated burglary of a the home of a sixty five year old man living on his own, in Graiguenamanagh in Co. Kilkenny – Circuit judge has not overestimated the gravity of the offence when she concluded that a term of eight years imprisonment was appropriate – trial judge had erred in principle in failing to unconditionally reduce the period of imprisonment imposed to reflect the significant mitigating factors prevailing at the time sentence was imposed – sentence of six years with two years suspended substituted – appeal allowed.
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