Unduly lenient sentences imposed for trafficking and organisation of prostitution

Birmingham P: Criminal Law – trafficking of persons other than children – organisation of prostitution – money laundering – appeal against conviction – appeal against severity of sentence cross-appeal by DPP for undue leniency – four complainants from Nigeria – complaint to Gardai that they were forced into prostitution – voodoo ritual prior to travelling to Ireland – whether trial judge erred in refusing to direct verdicts of not guilty where a complainant admitted to having destroyed evidence – whether trial judge erred in admitting bank records in circumstances where they were obtained in breach of the constitutional right to privacy – whether trial judge erred in refusing to direct not guilty verdicts in respect of money laundering charges in circumstances where they were duplicitous, vague and there was insufficient evidence – only the first ground as to the missing evidence was pursued – it must be proved that the sentence imposed constituted a substantial or gross departure from what would be appropriate sentence in the circumstances – offence being dealt with is a new one – no comparators in this jurisdiction – determining whether the sentences imposed constituted a substantial or gross departure from the norm would be problematic – sentences actually imposed in this case did represent a substantial departure from what would have been the appropriate sentences in the circumstances – finding of undue leniency means that appeal against severity of sentence is dismissed – appellants re-sentenced to seven years and six months and seven years and one month respectively.