Sentencing in robbery cases ’relatively consistent,’ new report by Irish Sentencing Information System finds

Sentencing in robbery cases has been relatively consistent, with the offence most commonly attracting a sentence of one to five years, according to a new report.

The analysis, published by the Irish Sentencing Information System (Isis), shows that sentences imposed in the last three years ranged from suspended sentences for the most minor offences up to 12 years for traumatic and serious ones. So-called tiger kidnappings attract the highest sentences.

“It appears that the sentencing in robbery has been relatively consistent and has taken into account factors relevant to each case,” the report says, adding that similar cases tend to lead to similar sentences.

The report is the latest in a series published by Isis, an initiative designed to provide judges, lawyers and members of the public with information on how sentences and other penalties have been imposed in individual cases.

Use of force
A person is guilty of robbery if, at the time or immediately before, he uses force or threatens force. The offence can range from a well-planned raid on a bank resulting in the loss of millions of euro to a street "hold-up" by an addict wielding a knife or a syringe.

The report noted that of those imprisoned for robbery over one two-year period, 47 per cent got three years or less, about 30 per cent got three to five years, 21 per cent got five to 10 years and just 0.5 per cent got 10 years or more. In other words, almost 80 per cent got five years or less.

On factors considered when sentencing, the report points to the level of violence, the personal circumstances of the accused, remorse, the impact on the victim, a guilty plea and recovery of the stolen property.

The report, prepared by Laura Butler of the Judicial Researchers Office, sets out detailed case studies to show how robbery sentences have been imposed.

At one end of the spectrum, a garda with a chronic alcohol addiction was given a suspended sentence after attempting to rob a convenience store with an imitation firearm. He had been absent without leave, he was separated and his house had been repossessed.

Case studies
In that case, the judge imposed a three-year suspended sentence on condition of good behaviour. The reasons given were co-operation, an early guilty plea and the difficulties a former garda might encounter in prison. Moreover, the shopkeeper did not want to see the accused jailed.

At the opposite end of the scale, an individual was given a 10-year sentence for being an accomplice in the armed robbery of over €700,000 from a bank. He was dressed as a woman, pointed a loaded gun at gardaí and had carried out armed robberies for the INLA. The sentence in that case was 12 years with two suspended.