DPP v Grey

 
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[2014] IECA 9

THE COURT OF APPEAL

Kelly J.

Peart J.

Mahon J.

111/13
DPP v Grey
The People at the Suit of the Director of Public Prosecutions
V
Gerard Grey
Appellant

111/2013 - Kelly Peart Mahon - Court of Appeal - 10/11/2014 - 2014 15 4215 2014 IECA 9

DPP v GEASLEY UNREP CCA 10.6.2013 [TRANSCRIPT NOT AVAILABLE]

AG, PEOPLE v POYNING 1972 IR 402

Sentencing – Attempted robbery – Excessive sentence – Appellant seeking an appeal against severity of sentence – Whether trial judge failed to take mitigating factors into account

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1. This is an appeal against the severity of a sentence imposed by His Honour Judge O'Shea at the Circuit Criminal Court at Wicklow in April 2013. The accused, Gerard Grey, on that occasion pleaded guilty to one count of attempted robbery, the circumstances of which were outlined in evidence before the trial judge.

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2. What occurred was that on the 19 th July, 2010, the accused together with Christopher Heffernan went to the EBS Greystones premises and entered them. The accused, with a gun in his hand, vaulted over the counter and held it to the cashier Ms. Lorraine O'Reilly's head and shouted at her "give me the money". When the alarm was sounded he made off and drove away and ultimately was apprehended after a car chase.

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3. The applicant has a lengthy criminal record. He has 31 previous convictions, three of them were for robbery and in respect of them he received sentences of either three or four years each.

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4. The court is mindful of the remarks made by Hardiman J. presiding in the Court of Criminal Appeal in the case of DPP v Geasly a decision of the 10 th June, 2013, which were made in the context of an appeal in a case where a firearm was possessed by the appellant. The judge said on that occasion as follows:

"The court will not repeat what is said other than to say very briefly that the unlawful possession of a lethal weapon is a crime which has blighted out society and plainly requires a very condign sentence."

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5. In this case, the accused was sentenced to five years imprisonment. His counsel accepts that in the ordinary way, that could not be regarded...

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