Man who robbed prostitute has sentence cut on appeal

A man serving two prison sentences for robbing prostitutes has had an eight-year term reduced to six on appeal.

Lithuanian national Gediminas Zigmantas (35), of no fixed abode, had pleaded guilty at Cork Circuit Criminal Court to false imprisonment and robbery at the Metropole Hotel Cork on September 10th, 2014. He was sentenced to eight years imprisonment by Judge Seán Ó Donnabháin on April 28th, 2015.

Zigmantas successfully appealed his sentence on Friday with the Court of Appeal holding that the starting point for his eight-year term was “somewhat excessive”.

Giving judgment, Mr Justice Garrett Sheehan said Zigmantas had engaged the services of the injured party "Sylvia" who was working as a prostitute at the time. When it was time for him to leave he let an accomplice into the room.

They tied her hands and feet, put a towel over her head and she was put into the bath, Mr Justice Sheehan said. They searched her room and found €4,000 in cash as well as a number of other items.

Zigmantas had a previous conviction for robbing another escort in similar circumstances in Ennis for which he received a five-year sentence with the final 18 months suspended. He was serving this sentence when the eight-year sentence was imposed.

‘Terrifying assault’

The Circuit Court judge said this was a “very nasty type of offence” and “particularly heinous”.

“They put her through a terrifying assault tying her up and putting her in the bath. She simply did not know what was going to happen and they did not tell her. This showed a complete level of disregard for another human being.”

Zigmantas showed no remorse and his guilty plea was entered on the day of the trial once the victim had come from Czechoslovakia, the Circuit Court judge said.

Excessive

Fortunately, Mr Justice Sheehan said, the woman was able to free herself after 20 minutes and her injuries were minimal.

Counsel for Zigmantas, Alice Fawsitt SC, submitted that the sentence was excessive and that the judge had incorrectly identified a headline sentence of 10 years . She submitted that the starting point for the sentence ought to have been two years lower.

Mr Justice Sheehan said it was an “unusual” case. However, the sentence identified by the Circuit Court judge was “somewhat excessive” when compared to sentences imposed for similar offences between 2003 and 2013.

To this limited extent, Mr Justice Sheehan said the court identified an error in the Circuit Court judge’s approach to sentence.

Mr Justice Sheehan, who sat with Mr Justice George Birmingham and Mr Justice John Edwards, said the appropriate headline sentence was eight years. Given the plea of guilty and the progress Zigmantas was making in prison, the court mitigated that to six years’ imprisonment.