Sentence reduced where offender did not have leadership role in theft attempt

Criminal law – sentencing – appeal against the severity of an eight year sentence imposed for conspiracy – s. 71 of the Criminal Justice Act 2006 – s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – attempt to steal cash from a Chubb cash in transit vehicle at Celbridge in Co. Kildare – whether the appellant was not a central or lead figure in the attempted robbery of the cash in transit van – appellant was sentenced on the basis that he was part of a well organised gang involved in drug dealing, armed robbery and contract killing – whether the sentence is disproportionately high – appellant’s sentence ought to have reflected the fact that he was a member of the gang on the day in question but did not have a leadership role – sentence of six years and six months imprisonment substituted – appeal allowed