Director of Public Prosecutions -v- Freeman [2015] IECA 145 (26 June 2015)

Director of Public Prosecutions -v- Freeman [2015] IECA 145 (26 June 2015)

The Court held that the trial judge was entitled to find, as a fact, that the contact between the appellant and Detective Superintendent Hayes was unrelated to the trial and did not amount to improper inducement. The appellant entered his plea with full legal advice and understanding, and there were no exceptional circumstances to justify vacating the plea. The sentence imposed was not excessive given the gravity of the offence, but the totality principle required suspension of the final two years of the global sentence to provide an incentive for rehabilitation.

Citation
[2015] IECA 145
Parties
Prosecutor: Director of Public Prosecutions; Appellant: Alan Freeman
Jurisdiction
Ireland
Judgment Date
26 June 2015
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; sentence varied
Legal Topics
Plea of Guilty, Voluntariness of Plea, Inducement by Law Enforcement, Sentencing, Totality Principle, Proportionality
Criminal Law Plea of Guilty Voluntariness of Plea Inducement by Law Enforcement Sentencing Totality Principle Proportionality

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Alan Freeman

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's guilty plea was procured by improper inducement from a senior garda officer and thus involuntary
  2. 2 Whether the trial judge erred in refusing to allow the appellant to withdraw his guilty plea
  3. 3 Whether the sentence imposed was excessive and failed to consider totality and proportionality

Ratio Decidendi

The Court held that the trial judge was entitled to find, as a fact, that the contact between the appellant and Detective Superintendent Hayes was unrelated to the trial and did not amount to improper inducement. The appellant entered his plea with full legal advice and understanding, and there were no exceptional circumstances to justify vacating the plea. The sentence imposed was not excessive given the gravity of the offence, but the totality principle required suspension of the final two years of the global sentence to provide an incentive for rehabilitation.

Court Disposition

Appeal against conviction dismissed; sentence varied

Orders

  • Final two years of the thirteen-year global sentence suspended on condition of a bond to keep the peace and be of good behaviour for two years post-release in the amount of €100