Court of Criminal Appeal allows appeal of sentence of 30 years’ imprisonment imposed for possession of cocaine in largest drug seizure in the history of the State, and substitutes a sentence of seventeen years and six months, on the grounds that the appellant ought to have received credit in respect of the mitigating factor that he did not attempt to tender false evidence, and that he was entitled to some minor leeway in respect of the fact that he was called upon to serve a very lengthy custodial sentence in a country with which he had no apparent connection.
Criminal law – sentencing – appeal against sentence of 30 years’ imprisonment imposed in respect of offence contrary to s. 15A of the 1977 Act – largest drug seizure in the history of the State (cocaine) – trial judge erred in principle by failing to afford any credit to the appellant for not giving false evidence at trial while his two co-accused did – appellant ought to have received credit in respect of the mitigating factor that he did not attempt to tender false evidence – trial judge failed to consider whether the appellant was entitled to some minor leeway in respect of the fact that he was called upon to serve a very lengthy custodial sentence in a country with which he had no apparent connection – principles of proportionality and totality – sentence of seventeen years and six months substituted – appeal allowed.