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Court of Appeal dismisses appeal of High Court refusal to declare firearms legislation unconstitutional on the basis that sentencing provisions impermissibly fetter the discretion of a sentencing court, finding that the Oireachtas has the power to provide for a mandatory presumptive minimum sentences in the case of certain firearms offences, and is entitled to a considerable margin of appreciation when addressing sentencing policy since the threat to society posed by the unlawful use and possession of firearms is so serious that the approach it has opted for cannot be seen as irrational or disproportionate.
Criminal law – appeal of High Court refusal to declare firearms legislation unconstitutional – s. 27A (8) of the Firearms Act 1964 as substituted by s. 59 of the Criminal Justice Act 2006 – offence of possession of a sawn off shotgun and a sledgehammer – whether the sentencing provisions of the Firearms Act 1964 impermissibly fetter the discretion of a sentencing court – whether the restriction of sentencing discretion offends the notion of the separation of powers and also conflicts with the requirement that sentences imposed should be proportionate – mandatory sentences – O'Malley, Sentencing Law and Practice (3rd Ed.) – Oireachtas has within reason at least the power to lay down parameters – Oireachtas is entitled to a considerable margin of appreciation when addressing sentencing policy – High Court judge was correct in rejecting the constitutional challenge – appeal dismissed.
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