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Court of Appeal allows appeal of severity of a term of imprisonment of two years and six months, imposed for theft arising from the fabrication of new policies in order to obtain commission from a life insurance company, and suspends the final ten months of the sentence, on the grounds that the sentencing judge did not attach sufficient weight to the mitigating factors when taken together, and to this extent erred in principle.
Criminal law – sentencing – appeal of severity of term of imprisonment of two years and six months imposed for theft – appellant fabricated new policies in order to obtain commission from life insurance company – theft contrary to s. 26 of the Criminal Justice (Theft and Fraud Offences) Act 2001 – approximate loss to Canada Life was €215,000 – whether insufficient weight was attached to the appellant’s significant co-operation in the investigation of the matter, his plea of guilty, and the assistance provided by him in the course of that investigation – principle of proportionality – sentencing judge did not attach sufficient weight to the mitigating factors when taken together and to this extent erred in principle – Court will suspend the final ten months of the sentence – appeal allowed.
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