Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against the severity of sentences of eight years' imprisonment imposed on two appellants for assault and robbery (where the robbery convictions were quashed on appeal), on the grounds that: a) the sentences were not disproportionate to the principal aggressor in the assault; b) the sentencing judge did not in fact treat the robbery as an aggravating factor in sentencing for the assaults; and c) there was no failure by the trial judge to afford the appellants the opportunity to deal with their respective addictions to alcohol.
Criminal law – sentencing – appeals against the severity of eight years' imprisonment imposed for assault and robbery – s. 4 of the Non-Fatal Offences against the Person Act, 1997 – s. 14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 – robbery convictions overturned – whether the sentences were disproportionate to the principal aggressor – the trial judge must have treated the robbery of the mobile phone as an aggravating factor in sentencing the appellants for the assault and in circumstances where the robbery convictions had been quashed it could no longer be regarded as an aggravating factor – whether insufficient account was taken of the appellants’ addictions to alcohol – appeals dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now