DPP -v- Dominic Dwyer, [2007] IECCA 3 (2007)

Docket Number:101CJA/06
Party Name:DPP, Dominic Dwyer
Judge:Denham J.


[C.C.A. No: 101CJA/06]

Denham J.

deValera J.

McGovern J.

In the matter of s.2 of the Criminal Justice Act, 1993


The People at the Suit of the Director of Public Prosecutions



Dominic Dwyer


Judgment of the Court delivered by Denham J. on the 2nd day of February, 2007

  1. This is an application by the Director of Public Prosecutions, pursuant to s. 2 of the Criminal Justice Act, 1993, for an order reviewing the sentences imposed on Dominic Dwyer, the respondent, hereinafter referred to as "the respondent", by His Honour Judge Con Murphy, a judge of the Circuit Court, at Ennis Circuit Criminal Court, on the 3rd day of May, 2006. The sentences imposed are two sentences of two years imprisonment, to run concurrently, and to be suspended for two years on bond, compensations of 5,000 having been handed over.

  2. The respondent was before the Circuit Criminal Court on 3rd May, 2006 charged on indictment. He pleaded guilty to Counts No. 3 and No. 4. These counts stated: "Count No. 3.


    Assault contrary to section 3 of the Non-Fatal Offences Against the Person Act, 1997.


    That you, Dominic Dwyer, on the 12th day of March 2004 at a laneway at the side of Dunne's Stores, off O'Donnell Street, Ennis in the County of Clare, assaulted Steve Pond causing him harm.

    Count No. 4


    Theft contrary to 14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001


    That you, Dominic Dwyer, on the 12th day of March 2004 at a laneway at the side of Dunne's Stores, off O'Connell Street, Ennis in the County of Clare, robbed Steve Pond of Nokia mobile telephone, value £200.00"

  3. The Circuit Criminal Court sentenced the respondent in the following words:

    "Obviously this is a difficult case in that it was effectively a barefaced robbery of Mr. Pond and he is entitled to the protection of the courts if he comes here from England attending to his business. The accused, by his early admission to the Gardai once he was arrested and his early plea, both together have undoubtedly saved a lot of at least time and the general ups and downs of a jury trial. The testimonials show that the accused is trusted as a builder and is essential for the continuing education of his young children and is regarded in good light by a local boy's soccer club in Letterkenny. It is definitely a most serious offence to seriously assault and rob a person of their money phone and, generally speaking, would merit a custodial sentence. In this case, because of his early admission and his plea, the testimonials which show that he is held in high regard in his native town of Letterkenny and in particular the fact that his wife is obviously dependant on him and his four young children aged from 10 to two are obviously dependant on him, he will just escape going to jail now. Where is the 5,000?"

    The court then addressed the issue of compensation.

    MR. CONNOLLY: My Solicitor has it in court, my lord.

    JUDGE: The 5,000 should be paid today by way of a gesture of remorse to Mr. Pond who undoubtedly suffered severe injuries and I think the 5,000 is by no means. . .

    MR. COUGHLAN: My lord, I was taken quite by surprise and forgive me for interrupting you but in relation to the question of compensation, I was completely unaware of it. Another person was injured on this particular night, my lord, and I just want to take instructions in relations to the possible division of the money. I know the 5,000 is intended to be disposed of in a certain way, my lord.

    MR. CONNOLLY: With respect to Mr. Coughlan and to keep us all right it is really a matter between Mr. Pond and any other party. Insofar as it was intended for the victim of the offence and any division meritorious as it may be or otherwise is a matter for the injured party in this case, Mr. Pond, as opposed to your lordship.

    MR. COUGHLAN: My lord, there is also the question of recognition of the injuries the other man received, my lord. I know there are no charges in respect of that, my lord, but this creates a certain difficulty and I won't go beyond saying that, my lord.

    JUDGE: What are my alternatives?

    MR. COUGHLAN: I think...

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