The Court of Appeal has upheld the sentence imposed on a man convicted of setting a Garda patrol car on fire and attacking accommodation housing international protection applicants during the 2023 Dublin riots.
Delivering judgment, Ms Justice Nuala Butler held that the offending was marked by two particularly serious aggravating features: the "extremely frightening" attack on Gardaí and the racially motivated attack on a hostel accommodating international protection applicants.
The appellant pleaded guilty to rioting, arson and criminal damage arising from his participation in the disorder in Dublin city centre on 23 November 2023. CCTV footage showed him throwing objects at Gardaí, damaging a patrol car before placing a burning cardboard box inside a second patrol car, causing it to ignite. He was also recorded throwing an object at Dublin City Dorms, where approximately 90 international protection applicants were residing, and admitted that this attack was racially motivated.
At sentencing, the trial judge imposed concurrent sentences of 4.5 years for rioting, 7.5 years' imprisonment with the final year suspended for arson, and three years for criminal damage, having reduced the headline sentences to reflect the appellant's guilty plea, remorse, cooperation with Gardaí and personal mitigation.
On appeal, the appellant argued that the headline sentence for arson was excessive and disproportionate when compared with other arson cases and sentences imposed on other participants in the Dublin riots. He submitted that his conduct lacked the planning and premeditation associated with the most serious category of arson offences.
Dismissing the appeal, the Court of Appeal held that the sentencing judge had not erred in principle. Ms Justice Butler described the Dublin riots as the "gravest public disorder incident in the history of the State" and found that the appellant's conduct represented a significant escalation in the violence.
The Court emphasised that the attack on the Garda patrol car created an extremely dangerous situation for Gardaí, one of whom had taken refuge in a nearby Garda vehicle while surrounded by the crowd. Setting fire to a patrol car positioned directly in front of that vehicle was described as an "extremely frightening incident" for the Garda involved and for colleagues attempting to rescue him.
The Court also attached significant weight to the racially motivated attack on the accommodation centre, observing that suspicion of criminal conduct by one member of a minority group could never justify attacks on others from that community. It noted that those inside the building were forced to barricade themselves indoors while a hostile crowd gathered outside shouting racist slogans and throwing objects.
Rejecting the appellant's reliance on comparator cases, the Court considered that his offending was not merely spontaneous or opportunistic. It pointed to the fact that he had returned to the area with his face covered and had attempted to wipe forensic evidence from the patrol car after setting it alight, demonstrating a degree of planning and awareness of his actions.
The Court reiterated that sentence appeals are concerned with whether the sentencing judge erred in principle rather than whether a different sentence could have been imposed. Having found that the judge properly assessed the seriousness of the offences, considered all mitigating factors and applied a substantial 35% reduction to the headline sentence, the Court concluded that the overall sentence was not disproportionate.
The appeal was accordingly dismissed.
Click here to read the judgment.