A drug addict who falsely imprisoned a home invasion victim who was repeatedly punched, threatened with a scissors and forced to strip, has had his jail term reduced by a year by the Court of Appeal.
Gerry Connors (26), received consecutive sentences totalling four and a half years last year for the false imprisonment of one male and for the robbery of another on a Dublin street.
At the sentencing hearing, Garda Karl O’Neill told Elma Duffy BL, prosecuting, that he responded to a 999 call on April 27th, 2020. Gda O'Neill said that Edward Babos had been visiting his friend’s house at Ballyogan Road, Carrickmines, Co Dublin, and playing on his X-box when they heard banging at the door.
When Mr Babos’s friend opened the door, two men pushed inside. Gerry Connors and another male hit Mr Babos repeatedly and picked up scissors with which they both threatened him.
Mr Babos was told the scissors would be “jammed in his eye.” Both men then began to do lines of cocaine while repeatedly punching Mr Babos.
The men searched Mr Babos and made him strip down to his underwear. They found his car keys in his pocket and told him they were going to an ATM to get money.
Threat
Connors told Mr Babos: “If you go to the gardaí, we will kill you.” Mr Babos managed to drive the car to his home and then called the gardaí.
Connors, of Bearna Park, Sandyford, also pleaded guilty to the robbery of Aaron Campbell at Kilcross estate in Sandyford on November 12th 2018. Gda O’Neill told the court that Aaron Campbell was walking home when he was set upon by three men, one of whom was Gerry Connors.
Connors threatened Mr Campbell and shouted: “Hand over every bit of weed that you have.” A set of Apple headphones, €150 and cigarettes were taken.
The court heard that Mr Campbell was afraid that he would be stabbed, and he was also in fear for his family as the men said they knew where he lived. Mr Campbell contacted the gardaí and Connors was arrested.
At the Court of Appeal, Michael Bowman SC, for Connors, said the balance of punishment and rehabilitation had not been struck by the trial judge at Dublin Circuit Criminal Court, Judge Martin Nolan.
Mr Bowman said that while Connors had crossed the threshold for a custodial sentence, more acknowledgement for his client's capacity for rehabilitation should have been included in the sentence.
Mr Bowman said that Connors had drug addiction issues and a difficult upbringing but had made significant rehabilitation efforts insofar that he is drug-free.
Counsel said his client pleaded guilty to the offences, had shown remorse and apologised.
Mr Bowman said the trial judge had not made any reference in his sentencing remarks to the principle of totality and said there had been "too little by way of suspension".
Drug addiction
Mr Justice Patrick McCarthy said Connors had shown "very impressive improvement" in dealing with his drug addiction.
Jane McGowan BL, for the State, said that Connors was on bail at the time of the false imprisonment and that the judge had no discretion on whether or not to impose consecutive sentences.
Regarding the balance between punishment and rehabilitation, Ms McGowan said judges had a wide margin of appreciation afforded to them in terms of what weight was to be applied to different aspects of cases and what legal principles should be applied.
Ms McGowan said that while the trial judge had not referenced the totality principle in his sentencing remarks, the court could infer that the judge had regard to it.
Counsel said that a discount of between 25-33 per cent had been applied by the trial judge, who did not refer to a headline sentence, which "does not reflect an error in substance or principle" on his behalf.
Ms McGown said that the trial judge "had full regard to all of the mitigation before the court and crafted a sentence to meet the offences". Counsel said the trial judge "had due and proper regard to rehabilitation" to allow Connors' to keep up his efforts upon release.
Mr Bowman said that in the aftermath of the false imprisonment Connors rang his mother saying he had made "the biggest mistake of his life".
In allowing the appeal, Mr Justice McCarthy said the robbery and false imprisonment had been carried out in a "deplorable manner".
"It does not appear this appellant was a ring-leader but as a fact he was engaged with two crimes at a high level," said Mr Justice McCarthy.
Mr Justice McCarthy said the three-judge court would identify a headline sentence of eight years' imprisonment before mitigation and said the trial judge had taken account of the plea and mitigating factors without error.
Mr Justice McCarthy said that the issue for the Court of Appeal centred on rehabilitation which had been given "insufficient weight" for what he described as Connors' "Herculean efforts".
Mr Justice McCarthy said Connors had made "wholly exceptional efforts" and said Connors' character "was seen relatively rarely".
The judge said the court would quash the original sentence imposed and re-sentence Connors to six years imprisonment but with two-and-a-half years suspended to allow for the "highly satisfactory" rehabilitation to continue.
