DPP v Connick

• Jurisdiction: Ireland
• Judge: Mr. Justice Mahon
• Judgment Date: 23 October 2017
• Neutral Citation: [2017] IECA 268
• Docket Number: Record No. 44/2017
• Court: Court of Appeal (Ireland)
• Date: 23 October 2017

[2017] IECA 268

THE COURT OF APPEAL

Mahon J.

Peart J.

Birmingham J.

Mahon J.

Record No. 44/2017

BETWEEN/

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

- AND -

MATTHEW CONNICK

APPELLANT

Sentencing – Possession of an article in a public place with the intention unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality, or otherwise – Severity of sentence – Appellant seeking to appeal against sentence – Whether sentence was unduly severe

Facts: The appellant, Mr Connick, pleaded guilty and was convicted on the 19th July 2016 at Wexford Circuit Criminal Court in respect of a number of offences, namely: Count 1) Attempted robbery contrary to common law; Count 2) Theft contrary to s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001; Count 3) Possession of an article in a public place with the intention unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality, or otherwise, contrary to s. 9(5) of the Firearms and Offensive Weapons Act 1990; Count 4) Attempted robbery, contrary to common law; Count 5) Possession of a syringe contrary to s. 7(1)(a) of the Non Fatal Offences Against the Person Act 1997; and Count 6) Criminal damage contrary to s. 2(1) of the Criminal Damage Act 1991. The appellant was sentenced on the 24th November 2016. In respect of counts 1 and 4 he was sentenced to six years imprisonment to date from the 6th June 2016, with the final two years suspended (on conditions) for a period of five years. Count 2 was taken into consideration while counts 3 and 5 resulted each in sentences of three years imprisonment. A sentence of six months imprisonment was imposed in respect of count 6. All sentences were directed to be served concurrently. The appellant appealed to the Court of Appeal against the severity of sentence on the grounds that the trial judge erred in: 1) failing to allow the appellant adequate credit for his plea of guilty, early and fulsome admissions and his genuine remorse; 2) attaching too much weight to the appellant’s previous convictions all of which were summary convictions; 3) not attaching enough weight to the co-operation from the appellant with the Gardaí and their investigation; 4) failing to identify an appropriate and proportionate pre mitigation starting point in sentencing the appellant.

Held by the Court that a particular and aggravating aspect of the case was the fact that there were two robberies and each involved the use of a weapon, albeit in the second incident the relatively harmless portion of a syringe was used; however the victim in that instance would probably not have appreciated that fact, at least initially. The Court held that the courts have, in the public interest, an obligation to ensure that sentences imposed for knife crime adequately reflect the extremely serious nature of that type of offending, and also act as a significant deterrent to others tempted to carry or use knives. The Court held that a net custodial term of four years for the offences committed by the appellant was not, when objectively assessed, unduly harsh. The Court stated that some might regard such a sentence for the commission of six offences, two of which involved the threatening use of weapons to be lenient.

The Court held that the sentences were reasonable and proportionate, and on that basis it dismissed the appeal.

Appeal dismissed.

JUDGMENT (ex tempore) of the Court delivered on the 23rd day of October 2017 by Mr. Justice Mahon

1 The appellant pleaded guilty and was convicted on the 19th July 2016 at Wexford Circuit Criminal Court in respect of a number of offences. They were:-

• Count No. 1: Attempted robbery contrary to common law.

• Count No. 2: Theft contrary to s. 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

• Count No. 3: Possession of an article in a public place with the intention unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality, or otherwise, contrary to s. 9(5) of the Firearms and Offensive Weapons Act 1990.

• Count No. 4: Attempted robbery, contrary to common law.

• Count No. 5: Possession of a syringe contrary to s. 7(1)(a) of the Non Fatal Offences Against the Person Act 1997.

• Count No. 6: Criminal damage contrary to s. 2(1) of the Criminal Damage Act 1991.

2 The appellant was sentenced on the 24th November 2016. In respect of counts 1 and 4 he was sentenced to six years imprisonment to date from the 6th June 2016, with the final two years suspended...