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Court of Appeal allows appeal against sentence of five years imprisonment imposed for an offence of sale and supply of drugs, finding that there was an error in principle in that the learned trial judge failed to assess the gravity of the offence in accordance with the terms of the relevant legislation and, as such, it was unduly lenient.
Criminal law – sentencing – undue leniency – application by the DPP under s. 2 of the Criminal Justice Act 1993 – sentence of five years imprisonment imposed for an offence under s. 15A of the Misuse of Drugs Act, 1977 – judge departed from the presumptive mandatory minimum sentence of 10 years because of his early plea of guilt and his co-operation with the investigating Gardai – section 27 of the 1977 Act as inserted by section 33 of the Criminal Justice Act, 2007 – whether the sentence was a divergence from the norm – error in principle in this case in that the learned trial judge failed to assess the gravity of the offence.
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