Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal brought by the Director of Public Prosecutions against the leniency of a five-year sentence of imprisonment for possession of heroin, on the grounds that the sentencing judge was clearly entitled to depart from the mandatory minimum sentence, and that the sentence actually imposed did not amount to a substantial departure from what is appropriate.
Criminal law – sentencing – undue leniency – whether a five-year sentence of imprisonment was unduly lenient for possession of diamorphine – offences contrary to s. 15 of the Misuse of Drugs Act 1977, as amended, and one offence contrary to s. 15A of the Misuse of Drugs Act 1977 – whether the imposition of the prescriptive minimum sentence in respect of the s. 15A offence was unjust – section 2 of the Criminal Justice Act 1993 – sentence actually imposed did not amount to a substantial departure from what is appropriate – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now