A MAN who was sentenced two months ago to a five year prison term for larceny and getting credit under false pretences offences involving a total of £31.20p is free following a Court of Criminal Appeal ruling.
Mr Eddie Conroy (34), who lives in a mobile home on the roadside at Creamery Road, Ballinrobe, Co Mayo, had pleaded guilty to two larceny offences at Castlebar Circuit Criminal Court on May 15th last. The Court of Criminal Appeal yesterday reduced his sentence to one year's imprisonment and suspended the balance of the sentence from yesterday on condition that Mr Conroy sign a bond to keep the peace.
He admitted stealing a bag of coal and a bale of briquettes worth £5.50p, at Bridge Street, Ballina, on October 22nd, 1994, and obtaining credit of £20.20p under false pretences from a shop at Garden Street, Ballina, on November 1st, 1994. He also pleaded guilty to stealing a bag of potatoes at Bridge Street, on December 22nd, 1994, and to offensive conduct on the same occasion.
Mr John O'Donnell, counsel for Mr Conroy, said the maximum sentence for larceny was 10 years. Judge Harvey Kenny, in the Circuit Court, had sentenced the man to five years and said he would review the sentence after two years had been served.
Mr O'Donnell said that a Garda inspector had given evidence that Mr Conroy had a number of previous convictions including one for manslaughter, for which he received a nine year sentence.
Counsel referred to a testimonial from a community welfare officer, Mr Kevin Coyne, which said the Conroys had four children aged four years down to four months and that Mrs Conroy was expecting another child in November.
The family lived without direct access to any basic facilities and relied on local residents for water and toilet needs. It was difficult to keep the trailer warm in winter, with condensation causing dampness. The family were awaiting council housing.
Mr Coyne said the family had claimed they had been intimidated out of a house in January 1995 Mr O'Donnell said the sentences had been excessive. The amount stolen was minor. Co-accused had pleaded guilty at District Court hearings and had received sentences of three months' imprisonment, which had been suspended.
Mr Justice Barrington, in his judgment, said that Mr Conroy was one of a number of people who caused a disturbance, were party to these offences and who apparently were drunk. It did not appear that any violence was committed.
Mr Conroy was apparently his own worst enemy because he had not pleaded guilty, which his co accused had done. Instead he asked for a trial by jury. That resulted in a panel of 150 jurors having to be employed, and the court had to set aside a date for the hearing. It would appear from the number of times that Judge Kenny had commented on this fact that it was a matter which loomed fairly large in his mind when imposing the five years' sentence.
"It clearly is not a proper matter to be taken into consideration in imposing sentence, which must be concerned with the circumstances of the crime and the circumstances of the person. A person's sentence cannot be increased because he exercised his right to trial by jury", Mr Justice Barrington said.