DPP v Rostas

 
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[2014] IECA 59

THE COURT OF APPEAL

Sheehan J.

Birmingham J.

Sheehan J.

Mahon J.

203/14

The People at the Suit of the Director of Public Prosecutions
Respondent
V
Samuel Rostas
Appellant

Sentencing – Theft – Manifestly excessive sentence – Appellant seeking to appeal against sentence – Whether sentence was manifestly excessive

Judgment of the Court (ex tempore) delivered on the 12th day of December, 2014, by Mr. Justice Sheehan
1

This is an appeal against sentence.

2

The appellant was sentenced on the 10th October, 2014, and has now spent over two months in detention.

3

Samuel Rostas was one of four people, who stole jewellery from a shop in Carrickmacross on the 28th December, 2012. They entered the shop in the afternoon at a point when the assistant had gone upstairs to check a repair for an elderly customer who was in the shop at the time.

4

As a result of CCTV footage, the appellant was seen to wait at the door in some kind of lookout out capacity. Jewellery was put in two bags by two associates of the appellant and the three men left and got into a car which was subsequently seen to drive away from Carrickmacross with four men in it. This particular vehicle was registered to the appellant's co-accused.

5

In the course of the evidence that was given before the learned trial judge, Garda Dillon, the prosecuting officer agreed that the appellant was the youngest of all of the individuals involved in the theft, being seventeen at the time and still only nineteen on the date of sentencing. He agreed that the appellant had no previous convictions and he also agreed that a guilty plea had been indicated at an early stage. He told the court that the co-accused had absconded.

6

The court was told that there had been previous thefts at the shop and the owner had decided to close down his business and emigrate, following the theft in which this appellant had participated.

7

At the time of sentencing the appellant was nineteen years old, living at home with his parents in Lucan, Co. Dublin, and had no previous convictions. He was then in part time employment in the Lucan area and hoping to be employed full time. A point not lost on this Court and one that no...

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