Knife wielding raider has five-year sentence quashed on appeal
Armed with a bread knife, Sheeran took €1,000 from the till in Murphy’s Gala store, only to be then caught and detained by passers-by close to the scene of the crime shortly afterwards
An armed robber who claimed he was acting under duress when he raided a village shop has had his five-year sentence quashed by the Court of Appeal.
Peter Sheeran (33) of Carraig Mor, Kilcoole, County Wicklow left two children - a two-year old and a seven year old - in a car while he carried out the robbery in the village of Kilanerin on the Wicklow/ Wexford border on June 17, 2023.
Armed with a bread knife, Sheeran took €1,000 from the till in Murphy’s Gala store, only to be then caught and detained by passers-by close to the scene of the crime shortly afterwards.
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He pleaded guilty to robbery when he appeared at Wexford Circuit Court in December 2023, when Judge Cormac Quinn imposed a five-year sentence, with the final year suspended.
In appealing against the severity of that sentence in the Court of Appeal on Monday, counsel for Sheeran, Brian Mulvany BL, submitted that mitigating factors such as the appellant having no previous convictions, that he was acting under duress at the time of the robbery and that the offence was not premeditated, were not sufficiently taken into account.
Sinead Gleeson BL, for the Director of Public Prosecutions, disputed that the planning was minimal. She also submitted that the knife used by Sheeran was more on the "machete side of things than a bread knife - not a samurai sword but more than a bread knife".
Mr Justice Patrick McCarthy noted that this was a serious offence and said the court was mindful of the aggravating factors in the case, with one woman giving up her job because of the psychological effects of the robbery and another concerned about the health of her unborn child.
While Mr Justice McCarthy accepted that the appellant was acting under duress, he held that there was premeditation in the fact that the appellant drove to the scene, armed himself with a knife and cut holes in a beanie hat as a form of disguise.
Delivering the judgement of the court, Mr Justice John Edwards further noted the aggravating factors in the case included that the appellant left two children in the car and had frightened individuals as he was armed. Although Sheeran had pleaded guilty, the fact that he was caught red-handed didn’t give him much choice, the judge noted.
Mr Justice Edwards held, however, that given the mitigating factors, the sentence was disproportionate and excessive and that a lower sentence may be more appropriate, especially as the appellant has no previous convictions.
He noted that the appellant has sought to deal with his addictions and on that basis, the court requested a urine analysis to ensure he has addressed his addiction issues.
Mr Justice Edwards said the court would quash Sheeran's sentence, with the appellant to remain remanded in custody in Castlerea prison pending re-sentencing on Monday December 16.
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