DPP v Ginty

 
FREE EXCERPT

[2014] IECA 32

THE COURT OF APPEAL

Birmingham J.

Sheehan J.

Mahon J.

200/13
DPP v Ginty
The People at the Suit of the Director of Public Prosecutions
Respondent
V
Kevin Ginty
Appellant

200/2013 - Birmingham Sheehan Mahon - Court of Appeal - 12/12/2014 - 2014 15 4144 2014 IECA 32

Criminal law - Appeal against severity of sentence - Imprisonment - Five year sentence - Offence of burglary - Entered building as trespasser and committed assault causing harm - Maximum sentence available is one of fourteen years - Whether error of principle - Proportionality of sentence - Mitigating factors

Mr. Justice Birmingham
1

In this case Mr. Ginty appeals against the severity of a prison sentence that was imposed upon him in the Central Criminal Court. The sentence under appeal is one of five years imprisonment that was imposed on the 22nd July, 2013, in respect of the offence of burglary. The particulars of the offence being that he entered a building as a trespasser and having done so, committed the arrestable offence of assault causing harm. It is an offence in respect of which the maximum penalty provided is one of fourteen years.

2

The background facts may be stated briefly, but to put those in context, it is necessary to explain that in the past the appellant had been involved in a relationship with a young lady Ms. McVeigh, and that relationship which was a romantic relationship had gone on for some two and a half years. On the 2nd April, which is the evening before the events with which we are directly concerned, the position is that Mr. Ginty called to the home of Ms. McVeigh and raised with her the question of going to Portugal and he pushed his suggestions in that regard to the extent of getting down on his knees before her. But she was quite firm in rejecting any suggestion of any further contact, quite firm in making it clear that as far as she was concerned, the relationship was over and very definitely and firmly over. She said in terms that she was better off without him. His response to that was that he was quite derogatory of her and she in those circumstances asked him to leave, saying that she would call the gardaí if he did not. He reacted badly to this and she said she was going to go to bed and he said that if she did that, that he would burn the house down. Contact was made by...

To continue reading

REQUEST YOUR TRIAL