DPP v Rostas

• Jurisdiction: Ireland
• Judge: Mr. Justice Sheehan
• Judgment Date: 12 December 2014
• Neutral Citation: [2014] IECA 59
• Docket Number: 203/14
• Court: Court of Appeal (Ireland)
• Date: 12 December 2014

The People at the Suit of the Director of Public Prosecutions

Respondent

V

Samuel Rostas

Appellant

[2014] IECA 59

203/14

THE COURT OF APPEAL

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

Facts: The appellant, Mr Rostas, was convicted of theft and sentenced on the 10th October, 2014, to two years detention. The appellant appealed to the Court of Appeal against sentence submitting that in view of the fact that he was a young man without previous convictions, the failure to consider a suspended sentence or other non-custodial sentence was an error in principle. He also submitted that the sentence was excessive and failed to take into account the many mitigating factors.

Held by the Court that the trial judge fell into error in failing to explore a non-custodial outcome. The Court also took the view that when the trial judge had reached a point where he felt custody was necessary, he fell into error by not considering a lesser sentence than one of two years in a case where the appellant was a young man with no previous convictions. In proceeding to a fresh sentence hearing the Court noted that an offer of €5,000 was made to the injured party by way of partial compensation. The Court took the view that this would be of some benefit to the injured party and given the fact that it was a collaborative effort, namely the money being provided by the appellant’s family, the Court was hopeful that it would ensure his future good behaviour and perhaps also incentivise him towards regular and proper employment.

The Court held that it would substitute a sentence of one year’s detention for the sentence of two years detention originally imposed. The Court suspended the balance of that sentence provided that the appellant enter a bond in the sum of €100 on condition that he keep the peace and be of good behaviour for a period of twelve months and that a sum of €5,000 compensation be paid to the injured party.

Appeal allowed.

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...