One of two Cork brothers who was convicted of a string of attempted robberies and a robbery using a syringe while he was on bail has had his suspended sentence quashed by the Court of Appeal.
Darren Rice (32) with a last address at St Vincent's Hostel, Angelsea Terrace, Angelsea St, Cork City, was convicted in September 2021 of robbery and three attempted robberies in Cork City on March 28th, 2021.
Rice and his brother, Eugene (30) of Oscar's Hotel, Glanmire Road, also in the city, admitted to the robbery of €730 from Daybreak, North Main Street and attempted robberies at 'The Offie' on Douglas Street; Costcutter's on Washington Street ,and Costello's on Shandon Street in the city.
Cork Circuit Court heard that on two occasions a syringe was used to threaten shop staff.
Separate robbery sentence
Darren Rice was sentenced by Judge Helen Boyle to a fully suspended three-year sentence for the crimes at Cork Circuit Criminal Court on September 29th, 2021. He was already serving a three-year sentence for a separate robbery at the time of his sentencing.
Judge Boyle said the suspended sentence was to run consecutively to the sentence Rice was already serving.
Eugene Rice, who had no previous robbery convictions, received a two-year sentence, to run consecutive to a one-year jail sentence he was already serving. The second year of his new sentence was suspended.
The Director of Public Prosecutions appealed Darren Rice's suspended sentence on grounds of undue leniency.
On Tuesday at the three-judge court, Jane Hyland BL for the DPP submitted that the trial judge erred in fully suspending the sentence.
Ms Hyland said that at the time of the crimes, Rice was on bail, which reactivated a three-year jail sentence for a separate robbery.
Mr Justice Patrick McCarthy, presiding, asked if it was the State's case that there was "effectively no punishment imposed" for the March 26 robbery and attempted robberies, which Ms Hyland confirmed.
Emmet Boyle BL, for the respondent, Rice, said that there were a number of certificates before the court on behalf of his client including certificates from a prison psychologist, drug treatment clinics and a "glowing report" from a prison governor.
Mr Boyle said that the application by the DPP was not being contested by his client. Counsel said that Rice was a "productive" prisoner with "enhanced" status who was a painter on the prison workforce and had engaged with educational courses.
Mr Justice McCarthy said the court agreed with the DPP that the sentence was unduly lenient but complimented Rice for his "very responsible" approach in not contesting the application.
Mr Justice McCarthy said that a sentence of not less than four years was an appropriate sentence if taking the offences in a "global fashion".
The judge said that he took into account Rice's previous offending and that a suspended sentence had been reactivated by the March 2021 offences.
Mr Justice McCarthy quashed the three-year suspended sentence and imposed a sentence of four years' imprisonment with the final year suspended for two years, which is to run consecutively to the three-year sentence Rice is currently serving.
