Sentence for pointing gun at Garda was unduly lenient where discount of 50% was unjustified

Criminal law – sentencing – undue leniency – whether a sentence of five years with 18 months suspended imposed in respect of a firearms offence – possession of a firearm in suspicious circumstances – s. 27A of the Firearms Act 1964 as substituted by s. 59 of the Criminal Justice Act 2006 and as amended by s. 38 of the Criminal Justice Act 2007 – unlawful possession of a controlled drug for the purpose of sale or supply contrary to ss. 15 and 27 of the Misuse of Drugs Regulations made under s. 5 of the Misuse of Drugs Act 1977 – respondent pointed shotgun at garda – whether the sentencing judge was in error in rating the seriousness of the offending conduct as falling within the mid-range – whether the discount from the headline sentence of seven and a half years identified as appropriate by the sentencing judge to reflect mitigating factors and to incentivise rehabilitation was simply too great – headline sentence selected by the sentencing judge did not represent such a departure from the norm as to represent an error of principle in itself – sentencing judge has not explained the basis on which she felt free to depart from the presumptive mandatory minimum sentence – overall discount afforded in this case which was in excess of 50% of the headline sentence was more than was justified in the circumstances of this case – such a discount on the available evidence constituted a clear departure from the norm and was a further error of principle – net sentence of five years with the final 18 months thereof suspended was unduly lenient – sentence quashed – sentence of five years' imprisonment substituted – appeal allowed.