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Judge erred by adding a premium onto sentence after the offender absconded
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Court of Appeal allows appeal against the severity sentence of eleven years' imprisonment with the final four years suspended, imposed for drugs possession in a case where the offender fled to Spain while on bail before being returned to Ireland, and reduces the sentence to eight years' imprisonment with the final three years suspended, on the grounds that headline sentence or starting point of eleven years was excessive and the addition of a so called premium on the sentence because the appellant absconded after the commission of the offence was an error.
Criminal law – sentencing – appeal against the severity of eleven years, with the final four years suspended imposed for drugs possession – s. 15A (as inserted by s. 4 of the Criminal Justice Act 1999) and s. 27 (as amended by s. 5 of the Criminal Justice Act 1999) of the Misuse of Drugs Act 1977 (as amended by s. 1 of the Euro Change Over (Amounts) Act 2001 – Section 27(3c) of the Act of 1977 – whether there was an error in the manner of sentencing – headline sentence or starting point of eleven years was excessive – failure to engage with the provisions of s. 27 of the Misuse of Drugs Act 1977 – sentencing judge was correct to treat the value of the consignment of drugs as being in the region of €70,000 – absconding – addition of a so called premium on the sentence because the appellant absconded after the commission of the offence was indeed an error – sentence of eight years' imprisonment with the final three years suspended substituted – appeal allowed.
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