Is this justice?, man gets suspended sentence for robbing elderly man TWICE!

http://www.independent.ie/irish-news/courts/man-who-robbed-terrified-pensioner-68-who-later-cycled-30-miles-to-check-into-nursing-home-avoids-jail-31082731.html

A man who robbed a pensioner twice with others, causing the 68-year-old to cycle 30 miles through the night in terror to check himself into a nursing home, will avoid jail for a second time despite an appeal by prosecutors.

Joseph Lernihan (22), with an address at Finnuremore Park, Mullagh, Co Clare, had pleaded guilty to two counts of robbery at the home of the then 68-year-old Michael McMahon in his home on two occasions in February 2012.
On March 3 2014, Judge Carroll Moran at Ennis Circuit Criminal Court gave Lernihan an entirely suspended three-year sentence, ordered him to pay €3,780 compensation and ordered that a Volkswagen Passat he purchased with the proceeds of his crime be forfeited.
The Director of Public Prosecution appealed Lernihan's sentence on grounds that it was unduly lenient and while the Court of Appeal found the trial judge had erred, the court put the matter back one week to assess his suitability for community service.
Giving background to the case Mr Justice George Birmingham said Michael McMahon live alone in a rural part of West Clare.
It seemed his lifestyle was quite a simple one, the judge said. His house had neither water or electricity and he had carried out temporary repairs on his home following the first robbery by placing blocks of turf where the windows had been broken.
On the first occasion, Lernihan went with a number of others to the home of Mr McMahon, broke a number of windows and demanded money. Mr McMahon was terrified and handed over three jars containing €4,000 through the broken windows.
The next day Mr McMahon went to the bank and withdrew €3,000 euro. He had inherited a sum of money from a relative in the US and his practice was to withdraw sums and to live off the sum for a period of months.
Four days later, Lernihan and others returned to the home of Mr McMahon. A pipe like object made to resemble a gun was pushed through the windows, Mr McMahon was told it was a gun and if he left the room he'd be shot. This time €3,000 was taken.
Those involved carried out a search and located the €3,000. They also came across his bank book and when they saw the figures they told him to withdraw €50,000 and have it ready for their return.
Mr McMahon was terrified, Mr Justice Birmingham said, and he resolved that he could no longer stay in his home. He got on his bike and cycled to a nursing home in Ennis 30 miles away where staff urged him to report the matter to gardaí.
The bachelor has to this day never returned to his home. “From a situation of living independently he now lives in a nursing home,” Mr Justice Birmingham said.
He had not reported the first incident at the time becuase he was warned by the robbers not to and there would be consequences if he did, the judge said.
A garda investigation followed, Lernihan was arrested and detained and during the course of his detention he admitted his involvement in both robberies and that he had used €1,000 from the share of the proceeds to buy a Volkswagen Passat.
Mr Justice Birmingham said the admissions that were made were of considerable value and wihtout those admissions it's unlikely the case would have ever gone to trial and the admissions were followed up by an early plea.
He noted that the single individual most culbable has not been made amenable to the courts becuase he exericsed his right to silence.


So it seems the ringleader and the other robbers escaped because Mr Lernihan wouldn't name them and yet he still got a suspended sentence??