A man convicted of robbing a West Clare pensioner twice will escape jail.
22 year old Joseph Lernihan of Finnuremore Park, Mullagh, had pleaded guilty to two counts of robbery at the home of the then 68-year-old Michael McMahon twice in February 2012.
As a result of the incidents the pensioner cycled 30 miles through the night and checked himself into a nursing home.
Last March Mr Lernihan received a suspended three-year sentence for the crimes.
He was also ordered to pay €3,780 compensation and to hand over a Volkswagen Passat he purchased with the proceeds of his crime.
That sentence has been appealed on the grounds it was too lenient.
However the matter has now been put back for one week to assess his suitability for community service.
