Director of Public Prosecutions v O'Sullivan

JurisdictionIreland
JudgeMr. Justice Mahon
Judgment Date02 November 2015
Neutral Citation[2015] IECA 243
CourtCourt of Appeal (Ireland)
Date02 November 2015

[2015] IECA 243

THE COURT OF APPEAL

Sheehan J.

Mahon J.

Edwards J.

[CA 31/15]
DPP v O'Sullivan

BETWEEN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT

AND

STEPHEN O'SULLIVAN
APPELLANT

Sentencing – Attempted robbery – Severity of sentence – Appellant seeking to appeal against sentence – Whether sentence was unduly severe

Facts: The appellant, Mr O”Sullivan, on 27th October 2014, approached the victim, Ms Torres, with a co-accused when she was sitting in a doorway at South Mall in Cork. They asked her for money and when she refused to give them any, they walked away a short distance, and then, moments later, returned and attempted to forcefully take Ms Torres” handbag from her. The incident lasted about a minute and a half, during which time Ms Torres was forcibly rammed against a door three or four times. The appellant and his co-accused then left the scene. They were followed by a number of witnesses and by one Garda Barrett who had been called to investigate the incident and both men were arrested. They were identified by Ms Torres as being the two men who attempted to rob her. There was also quality CCTV footage available which identified the two men. The appellant pleaded guilty at the Cork Criminal Court on 2nd February 2015 and was sentenced on 6th February 2015 to five years imprisonment, with the final 18 months suspended on conditions, in respect of the offence of attempted robbery contrary to Common Law. The appellant appealed to the Court of Appeal against this sentence on the ground that the sentencing judge did not have sufficient regard for the particular circumstances of the offence in arriving at the sentence.

Held by Mahon J that the sentencing judge erred in principle in placing the offence too high on the scale of severity for an attempted robbery charge. Mahon J held that a prison sentence of five years (with the final 18 months suspended) was unduly severe in the circumstances. The Court was of the view that the appropriate sentence was one of four years rather than five years, and that the suspended element should be 20 months rather than 18 months. Mahon J stated that a significant prison term was warranted because of the element of physical force which resulted in considerable psychological trauma for the victim. Furthermore, Mahon J noted that the handbag snatch was committed by an individual with a significant number of previous convictions, including some for attempted robbery. Taking into account the fact that the appellant pleaded guilty, expressed genuine remorse and was by all accounts doing well in prison, Mahon J held that there was reason to hope that this offence would mark a turning point for the appellant and that a significantly suspended term hanging over him when released from prison would assist him to avoid repeat offending when released.

Mahon J held that he would impose, in place of the sentence imposed in the Circuit Criminal Court, four years with the final 20 months suspended for a period of two years post-release, subject to the appellant entering into a bond in the sum of €100.

Appeal allowed.

1

1. This is an appeal against a sentence of five years Imprisonment, with the final i 8 months suspended on conditions, in respect of the offence of attempted robbery contrary to Common Law on 27 th October 2014.

2

2. The appellant pleaded guilty at the Cork Criminal Court on 2 nd February 2015 and was sentenced on 6 th February 2015.

3

3. The victim of the attempted robbery was Ms. Marta Torres, a Spanish national, who had arrived in Ireland one week previously, to work as an au pair in Cork. At about 6.00pm on 27 th October 2014, Ms. Torres was sitting in a doorway at South Mall in Cork, waiting for a bus, when she was approached by the appellant and a co-accused who spoke to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT