Director of Public Prosecutions -v- Wharrie [2017] IESC 47 (03 July 2017)

Director of Public Prosecutions -v- Wharrie [2017] IESC 47 (03 July 2017)

It is not a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence at his trial. The conduct of an accused in not committing perjury is not a mitigating factor; perjury is a separate offence and the absence of perjury does not reduce culpability for the principal offence.

Citation
[2017] IESC 47
Parties
Prosecutor/appellant: Director of Public Prosecutions; Defendant/respondent: Perry Wharrie
Jurisdiction
Ireland
Judgment Date
03 July 2017
Procedural Posture
Criminal Appeal / Supreme Court Review of Certified Question From Court of Criminal Appeal
Outcome
Certified question answered: it is not a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence at his trial.
Legal Topics
Mitigating and Aggravating Factors, Sentencing Principles, Perjury, Conduct at Trial
Criminal Law Sentencing Mitigating and Aggravating Factors Sentencing Principles Perjury Conduct at Trial

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Perry Wharrie

Defendant/respondent

Procedural Posture

Criminal Appeal / Supreme Court Review of Certified Question From Court of Criminal Appeal

Legal Issues

  1. 1 Whether it is a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence at his trial

Ratio Decidendi

It is not a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence at his trial. The conduct of an accused in not committing perjury is not a mitigating factor; perjury is a separate offence and the absence of perjury does not reduce culpability for the principal offence.

Court Disposition

Certified question answered: it is not a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence at his trial.

Orders

  • Question certified by the Director of Public Prosecutions answered in the negative.