DPP v Gentles

JurisdictionIreland
JudgeMr. Justice Mahon
Judgment Date15 December 2014
Neutral Citation[2014] IECA 56
CourtCourt of Appeal (Ireland)
Date15 December 2014

[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

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

Facts: The respondent, Mr Gentles, as a member of a criminal gang, in January, 2010, at Sixmilebridge, Co. Clare, 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. Subsequently the respondent and his co-accused were arrested. Following his arrest the respondent refused to cooperate with the Gardai over a period of eighteen interviews, but eventually he pleaded guilty in October, 2011 at Ennis Circuit Criminal Court to an offence under s. 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001. The trial judge identified the various aggravating factors and in particular the use of a gun, the fact that the house targeted was in a remote area and the respondent"s many previous convictions. The trial judge took the view that mitigating factors excluded, the appropriate sentence was seven years. He then went on to reduce this tariff to four years in view of the mitigating factors, including the plea of guilty. 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 on the ground of undue leniency. The appellant"s criticisms of the sentence were essentially twofold, firstly that the trial judge erred in principle in failing to sufficiently recognise the severe nature of the offence including, in particular, the use of a loaded shotgun to threaten his victims. Secondly, that the trial judge erred in principle in placing the offence too low on the scale of gravity, at the lower to mid range.

Held by Mahon J that, having considered DPP v Byrnes [1995] 1 ILRM 279 and DPP v Derrick Stronge [2011] 5 JIC 2301, and having regard to the particularly violent and threatening nature of this offence which involved the use of a loaded firearm, the Court was satisfied that the trial judge erred in principle in identifying a sentence of seven years as being appropriate for the offence excluding mitigating factors. It was the Court"s view that an appropriate tariff was in the region of ten to twelve years and not seven years as indicated by the trial judge and that an appropriate reduction for the plea of guilty and other factors should be in the region of two to three years, which would result in an appropriate custodial sentence of seven years. Mahon J held that there was therefore a substantial departure from the appropriate sentence.

Mahon J held that, having regard to the courses taken while in prison and the testimonial of the respondent"s partner indicating the respondent"s efforts to rehabilitate, the Court would reduce the seven years term by a further year which would result in a six year sentence and that was the sentence of the Court.

Appeal allowed.

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...

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2 cases
  • DPP v Freeman
    • Ireland
    • Court of Appeal (Ireland)
    • October 3, 2018
    ...as for his repose" '. 32 We were also referred to the decision of this Court in The People (Director of Public Prosecutions) v Gentles [2014] IECA 56, which concerned another aggravated burglary case. Whilst conceding that this case is not on 'all fours' with the present one, counsel for t......
  • DPP v Samuilis
    • Ireland
    • Court of Appeal (Ireland)
    • October 11, 2018
    ...Service website yields up the following as possible comparators: The People (Director of Public Prosecutions) v. Ba Nguyen and Ha Nguyen [2014] IECA 56; The People (Director of Public Prosecutions) v. Phuc Nguyen Le and Hong Thi Nguyen [2015] IECA 157; The People (Director of Public Prose......

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