Court of Appeal allows appeal of unduly lenient sentences imposed for staged robbery of shop, leaving the sentence for theft unaltered (at 240 hours community service), but varying the sentence entirety in respect of the offence of giving false information (by additional conditions on the suspended sentence, including an order that the sum of €10,000 by way of compensation must be paid to the injured party), on the grounds that the sentences did not send a sufficiently strong message to other would-be wrong doers.
Criminal law – sentencing – undue leniency – whether sentence of 240 hours community service in respect of the theft offence and two years imprisonment, suspended in its entirety in respect of the offence of giving false information, was unduly lenient – section 2 of the Criminal Justice Act 1993 – s.4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and s.12(a) of the Criminal Law Act 1976 – staged robbery of shop that was going into receivership – respondent has refused to name the co-offender – s.258 of the Children Act 2001 – whether the sentencing judge failed to get the balance right in his weighing of the seriousness of the offences, on the one hand, and the relevant personal circumstances of the accused person, on the other – sentences did not send a sufficiently strong message to other would-be wrong doers who might be tempted to engage in a deception of the egregious type engaged in by the respondent – sentences imposed were unduly lenient – sum of €10,000 by way of compensation must be paid to the injured party – additional conditions to suspension added – s. 99(14) of the Criminal Justice Act 2006 – sentence on the theft offence of 240 hours community service remains in place unaltered – appeal allowed.