Man must respond in court in May to claim three-year sentence too lenient

A man who failed to appear before the Court of Appeal last December must respond in May to an application brought by prosecutors that his three-year jail term for robbery was too lenient.

Lee McDonnell (23), of Lough Conn Road in Ballyfermot, Dublin, pleaded guilty to possession of an imitation firearm with intent to commit robbery at Sarsfield Service Station, Ballyfermot, on January 21st, 2012.

McDonnell also pleaded guilty to robbery of cigarettes and a sunglass case and to robbery of the shop assistant on the same occasion.

He was sentenced to six years with the final three suspended by Judge Martin Nolan at Dublin Circuit Criminal Court on November 19th, 2012.

The Director of Public Prosecutions had lodged an appeal against McDonnell's three-year jail term on grounds that it was unduly lenient.

It was due to be heard before three judges of the Court of Appeal last December. However the court was told on that occasion that he was “not present” and was “not going to be produced due to circumstances beyond anybody’s control”.

Counsel for both sides agreed the DPP’s application for a review of McDonnell’s sentence could be heard before the Court of Appeal on May 15th next.

There was no explanation given in court as to why McDonnell failed to appear on the last occasion.