DPP v Donovan

• Jurisdiction: Ireland
• Judge: Mr. Justice Sheehan
• Judgment Date: 15 December 2014
• Neutral Citation: [2014] IECA 60
• Docket Number: 132CJA/14
• Court: Court of Appeal (Ireland)
• Date: 15 December 2014

[2014] IECA 60

THE COURT OF APPEAL

Sheehan J.

Finlay Geoghegan J.

Sheehan J.

Hogan J.

132CJA/14

The People at the Suit of the Director of Public Prosecutions

Appellant

V

Thomas Donovan

Respondent

Sentencing – Assault causing harm – Undue leniency – Appellant seeking review of sentence – Whether sentence was unduly lenient

Facts: The respondent, Mr Donovan, at the Circuit Criminal Court in Kilkenny on the 14th May, 2014, was sentenced to two years imprisonment with the final six months of that sentence suspended on condition that he keep the peace and be of good behaviour for a period of eighteen months post release during which time he was also to be subject to the directions of the Probation Service, for the offence of assault causing harm contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997. The appellant, the DPP, applied to the Court of Appeal, pursuant to s. 2 of the Criminal Justice Act 1993, for a review of that sentence, submitting that the sentencing judge had failed to sufficiently reflect the gravity of the offences and in particular had failed in the proper exercise of her discretion by refusing to make the sentence for the assault consecutive to a nine month sentence for a burglary offence. The DPP submitted that these failures resulted in an unduly lenient sentence. The respondent in opposing the application submitted that the trial judge was attempting in the course of her sentence to reconcile the seriousness of the offences with the penal aim of rehabilitation.

Held by the Court that, having followed People (DPP) v Byrne [1995] 1 ILRM 278 and considered the judgment of the sentencing judge in light of the principles that apply to a s. 2 application, the sentence imposed was carefully constructed. The Court held that it was clear that the sentencing judge sought to apply the principle of proportionality and reconcile that principle with the penal aim of rehabilitation in the sentence actually imposed. The Court held that while the sentence might be considered lenient, it was a significant one for a young man with difficult personal circumstances. The Court held that the sentence imposed was not a substantial departure from what would be regarded as the appropriate sentence.

The Court held that the application would be refused.

Appeal dismissed.

Judgment of the Court (ex tempore) delivered on the 15th day of December, 2014, by Mr. Justice Sheehan

1 This is an application by the Director of Public Prosecutions pursuant to s. 2 of the Criminal Justice Act 1993, for a review of the sentence imposed on the respondent at the Circuit Criminal Court in Kilkenny on the 14th May, 2014, for the offence of assault causing harm contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997.

2 On that day the appellant was sentenced to two years imprisonment with the final six months of that sentence suspended on condition that he keep the peace and be of good behaviour for a period of eighteen months post release, during which time he was also to be subject to the directions of the Probation Service.

3 The appellant was on bail when he pleaded to the offence on the 15th January, 2014. On that date sentence was adjourned to...