Man jailed for hammer attack on 71-year-old has prison sentence increased

A man jailed for the robbery of a 71-year-old he attacked with a hammer has had his prison sentence increased following an appeal by prosecutors.

Warren Brennan (26), of Pearse House, Pearse Street, in Dublin, had pleaded guilty at Dublin Circuit Criminal Court to aggravated burglary, production of an article and obstructing a peace officer at a bookmakers shop on Lombard Street, in Dublin on December 20, 2014.

He also pleaded guilty to robbery and production of an article at Alderwood Park, Tallaght on October 27, 2015 while he was on bail for the earlier offences.

Brennan was given an aggregate sentence of seven years imprisonment with the final two suspended by Judge Catherine Murphy on January 30, 2017.

The Court of Appeal found Brennan's sentence to be “unduly lenient” today on foot of an application brought by the Director of Public Prosecutions seeking a sentence review. He was accordingly resentenced to 10 years imprisonment with the final three suspended.

Giving judgment in the three-judge Court of Appeal, Mr Justice George Birmingham said Brennan pushed himself into the bookmakers premises on the day in question.

Armed with a “steak knife” and with his other hand on the collar of an employee, he asked for the safe to be opened, where €500 was taken. He also took a bag of coins but was unable to gain access to an inner safe.

The employee succeeded in activating the alarm, to which two gardaí responded and pursued Brennan as he left the shop, during the course of which Brennan attempted to stab the two gardaí.

He was apprehended, arrested and detained.

During his detention, he made “very serious” false allegations against the injured party described by counsel for the DPP, Ronan Kennedy BL, as an attempt to discourage the staff member from bringing the matter to court.

Brennan now accepted, the judge said, that there wasn't a word of truth to his allegations.

Some months later, and while on bail Brennan approached a 71-year-old man and demanded money.

Brennan swung a hammer at the 71-year-old repeatedly hitting him on the head and body. He punched him to his face and bit his thumb. During the attack, the injured party's nephew came upon the scene and Brennan swung the hammer at him, hitting him also.

The victim had earlier gone to his local bank and withdrew €5,000 which he was proposing to loan to a family member in Tallaght. He was given the money in a white envelope which was found on Brennan after he had been observed by gardaí hiding in the doorway of an apartment complex and pursued.

Mr Kennedy submitted that Brennan was effectively caught in the act on both occasions, that the evidence against him was overwhelming and, that being so, the credit he got for his guilty pleas was excessive.

Mr Justice Birmingham said the Court of Appeal was “firmly of the opinion” that the sentences imposed on Brennan were unduly lenient “to a significant extent”.

Both offences involved planning, pre-meditation, violence and use of weapons. Brennan had 54 previous convictions, two of which were for robbery and one was for possession of a firearm and ammunition.

Had the Court of Appeal been sentencing at first instance, the sentence “could not have been less than 10 years with the potential for two years to be suspended”.

However, the court felt that it was possible to impose a slightly lower sentence in recognition of the fact that his sentence was being increased at a time he was well into serving it “which must be difficult for him”.

Mr Justice Birmingham, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court would impose consecutive five-year terms with the final three years suspended.

Brennan was required to enter into a good behaviour bond for the suspended period and he undertook to be so bound.