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Court of Appeal allows appeal of unduly lenient sentence of three and a half years' imprisonment with the final eighteen months suspended imposed for the unlawful possession of controlled drugs with a total value of €66,700, and increases the sentence to five years' imprisonment with the final eighteen months suspended, on the grounds that the sentence was not just very lenient but was unduly lenient, and a more severe sentence is required.
Criminal law – sentencing – undue leniency – whether a sentence of three and a half years imprisonment with the final eighteen months suspended was unduly lenient – unlawful possession of controlled drugs – s. 15A of the Misuse of Drugs Act 1977 (as inserted by s. 4 of the Criminal Justice Act 1999 and as amended by s. 81 of the Criminal Justice Act 2006) and s. 27 of the Misuse of Drugs Act 1977 (as amended by s. 5 of the Criminal Justice Act 1999 and by s. 33 of the Criminal Justice Act 2007) – s. 2 of the Criminal Justice Act 1993 – sentencing judge properly exercised his discretion to impose a sentence below the presumptive mandatory minimum term – sentence imposed was not just very lenient but was unduly lenient – sentence of five years' imprisonment with the final eighteen months suspended substituted – appeal allowed.
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