D.P.P.-v- Mark Doyle, [2004] IECCA 5 (2004)

Docket Number:117CJA/03
Judge:Keane C.J.
 
FREE EXCERPT

THE COURT OF CRIMINAL APPEAL

Keane C.J.

O'Neill J.

de Valera J.

CJA 117/03IN THE MATTER OF THE CRIMINAL JUSTICE ACT, 1993, SECTION 2

BETWEENTHE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONSAPPELLANTAND

MARK DOYLERESPONDENT

JUDGMENT of the Court delivered the 19th day of February, 2004 by Keane C.J.

This is an application on behalf of the appellant for a review on the ground of undue leniency, pursuant to s. 2 of the Criminal Justice Act, 1993, of sentences imposed by the Dublin Circuit Criminal Court (His Honour Judge Hogan) in respect of counts of attempted robbery, robbery and possession of an imitation firearm. The respondent had pleaded guilty to four counts arising out of four separate incidents.

The respondent was charged with the attempted robbery of Ms. Angela O'Connor on the 3rd June, 2002 at Malahide Road (Bill DU1005/02). On that occasion, Ms. O'Connor was driving her car with her children, a nine year old girl and a four year old boy, sitting in the back. She was stopped at traffic lights on the Malahide Road, when the passenger door was opened and the respondent jumped into the car and began shouting at her. He said a number of times "drive the fucking car, I have a knife, drive the fucking car". The driver's window was open and Ms. O'Connor saw a young couple crossing the road and shouted to them for help. They kept walking by her and, at that point, she opened the door of her car and started screaming for help. She was afraid of getting out of the car, because the children were in the back. The man had a knife with a chunky handle and a blade that was approximately four to five inches long. When she opened the door and started screaming, the respondent got out of the car and walked in the direction of an industrial estate. Ms. O'Connor was crying at that stage and a number of people came over to assist her. Another driver stopped his car and followed the respondent into the industrial estate and saw him take off his top and hide it in the bushes. The Gardaí subsequently found the respondent's fingerprints in the car, arrested him pursuant to s. 4 of the Criminal Justice Act, 1984 and interviewed him. The respondent admitted that he was the person involved in the incident, although he said it was a syringe rather than a knife that he had produced.

The respondent was further charged with, and pleaded guilty to, a robbery at the Northside branch of the Educational Building Society on the 1st August, 2002 and of being in possession of an imitation firearm on the same occasion (Bills DU163/03 and DU164/03). These two offences were committed while the respondent was on bail in respect of the charge...

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