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Sentences imposed on young offender for burglary and dangerous driving were unduly lenient
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Court of Appeal allows appeal of unduly lenient sentences imposed for burglary and dangerous driving on a respondent who was a juvenile at the time of the offence, and substitutes sentences (consecutive but concurrent inter se) of two years and six months imprisonment with the final one year and nine months suspended, and one year and six months with the final nine months suspended, on the grounds that the sentencing judge erred in that she gave insufficient weight to the very serious aggravating factors of two very serious offences or, alternatively, gave too much weight to the very limited mitigating factors that were present; and it was not clear that sufficient weight was given to the fact that there were five previous convictions for burglary.
Criminal law – sentencing – undue leniency – whether a sentence of two and a half years' imprisonment with one and half years suspended imposed for burglary and dangerous driving was unduly lenient – Children's Court – whether the manner in which the sentences imposed were structured by applying insufficient weight to the aggravating features – O’Malley, Sentencing Law and Practice, 3rd Ed., (Dublin, 2016) – respondent was a youthful offender who was a juvenile at the time of the offence – sentencing judge erred in that she gave insufficient weight to the very serious aggravating factors of two very serious offences or alternatively gave too much weight to the very limited mitigating factors that were present – not clear that sufficient weight was given to the fact that there were five previous convictions for burglary – sentences on counts one and two will be consecutive but concurrent inter se – new sentences substituted – appeal allowed
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