DPP v Gentles

 
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[2014] IECA 56

THE COURT OF APPEAL

Ryan P.

Mahon J.

Edwards J.

48CJA/12
DPP v Gentles
Approved Judgment
In the matter Section 2 of the Criminal Justice Act 1993
The People at the Suit of the Director of Public Prosecutions
Appellant
- v-
Simon Gentles
Respondent

48CJA/2012 - Ryan Mahon Edwards - Supreme - 15/12/2014 - 2014 IECA 56

Sentencing – Burglary – Undue leniency – Appellant seeking review of sentence – Whether sentence was unduly lenient

1

1. On the 18 th October, 2011, the respondent pleaded guilty at Ennis Circuit Criminal Court to an offence under s. 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001. He was sentenced to four years in prison which was directed to be served consecutively to a prison term then being served by him.

2

2. This is an application by the appellant pursuant to s.2 of the Criminal Justice Act 1993, for a review of that sentence on the ground of undue leniency.

3

3. Briefly stated, the facts were that the respondent, as a member of a criminal gang, on the 7 th January, 2010, at Sixmilebridge, Co. Clare, very forcibly burst into the home of a Mrs. Fitzpatrick while his colleagues remained outside. The Fitzpatrick home had been targeted because of a belief that there was a considerable amount of cash in the house at the time. The respondent kicked in the door of the house and confronted Mrs. Fitzpatrick and her fourteen year old son. The subsequent fifteen minutes or so undoubtedly proved traumatic and extremely frightening for the woman and her son. The respondent wore a balaclava and carried a loaded sawn off shotgun which he made certain that his victims knew was loaded. He threatened them, including a threat to blow Mrs. Fitzpatrick's head off unless she revealed the location of the safe and he prodded her with the shotgun and pointed it towards the young boy's head. He told them that he knew where the fourteen year old attended school and he pulled the phone cable from the wall.

4

4. The forcible entry into homes, particularly in rural or isolated areas of the country, is unfortunately a common occurrence in these times, but even as they go, this incident has to stand out...

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