Director of Public Prosecutions -v- Long [2015] IECA 196 (16 July 2015)

Director of Public Prosecutions -v- Long [2015] IECA 196 (16 July 2015)

The sentencing judge erred by not giving sufficient weight to the extensive mitigating factors, particularly the appellant's rehabilitation, cooperation, and lack of previous convictions. The appropriate sentence is eight years imprisonment with the final three years suspended.

Citation
[2015] IECA 196
Parties
Prosecutor: Director of Public Prosecutions; Appellant: Alan Long
Jurisdiction
Ireland
Judgment Date
16 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed and sentence varied
Legal Topics
Sentencing, Mitigation, Drug Offences
Criminal Law Sentencing Mitigation Drug Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Alan Long

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was proportionate to the offence and the appellant's circumstances
  2. 2 Whether sufficient weight was given to mitigating factors, including duress, rehabilitation, and lack of previous convictions

Ratio Decidendi

The sentencing judge erred by not giving sufficient weight to the extensive mitigating factors, particularly the appellant's rehabilitation, cooperation, and lack of previous convictions. The appropriate sentence is eight years imprisonment with the final three years suspended.

Court Disposition

appeal allowed and sentence varied

Orders

  • Original sentence set aside
  • Appellant sentenced to eight years imprisonment with the final three years suspended for three years on entering a bond of €100 to keep the peace and be of good behaviour