A man with 423 previous convictions has had his sentence for robbery reduced after “problems” were identified in the sentencing process.
Anthony O’Sullivan, aged 29, of Araglen Court, Togher, Cork, had pleaded guilty to robbery and attempted robbery at a shop in Cork City on January 13, 2014.
He was sentenced at Cork Circuit Criminal Court to five years’ imprisonment with the final year suspended by Judge Seán Ó Donnabháin on February 23, 2015. O’Sullivan successfully appealed his sentence yesterday and was accordingly resentenced to four years imprisonment, with the final year suspended.
Giving judgement, Mr Justice Garrett Sheehan, said O’Sullivan had entered a shop in Cork city carrying a wheel brace and with a scarf covering his face on the date in question.
He approached the till area and shouted to the shop assistant to give him money. When she refused, O’Sullivan grabbed a purse from a student. The total value of the items he took was €320, Mr Justice Sheehan said.
The shop assistant who “very bravely” refused to hand over money now felt frightened and carries a panic button with her, the judge said.
“Bad and all as his record is,” Mr Justice Sheehan said it meant all of his previous convictions encompass offences which attract a description of “minor offences”. This was relevant, Mr Justice Sheehan said.
Noting he had a daughter, the court believed it “just” to reduce the custodial aspect by 25%. Mr Justice Sheehan resentenced him to four years imprisonment with the final year suspended.
He was required to enter into a good behaviour bond for the suspended period.
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