Sentences imposed for endangerment offences were unduly lenient

Criminal law – sentencing – undue leniency – application by way of appeal by the Director of Public Prosecutions under s. 2 of the Criminal Justice Act, 1993 against the sentences of imprisonment imposed on the respondent – whether an effective four year sentence of imprisonment to be served represents a substantial departure from what would be regarded as the appropriate sentence – unlawful use of a mechanically propelled vehicle – section 112 of the Road Traffic Act, 1961, as amended and an offence of criminal damage pursuant to section 2 (1) of the Criminal Damage Act,1991 – endangerment contrary to section 13 of the Non-Fatal Offences against the Person Act, 1997 – whether the sentencing judge failed to attach sufficient weight to these aggravating factors by reflecting that gravity in the sentences which he imposed – sentence imposed by the trial judge has failed to reflect in a proper way the gravity of the offending by the respondent as contained in the two Bills under consideration – concurrent sentences of three years imposed for unlawful use and criminal damage are not unduly lenient – sentence of one year on each of the endangerment offences is, having regard to the aggravating factors identified, a significant departure from what the Court considers to be the appropriate sentence – offences each merited a headline sentence of five years to run concurrently – final three years should be suspended – appeal allowed.