McCann, D.P.P. (People) v. [2008] IECCA 129 (13 October 2008)

McCann, D.P.P. (People) v. [2008] IECCA 129 (13 October 2008)

The sentencing judge erred by basing the sentence on an incorrect statutory maximum; the appropriate sentence for possession of firearms is five years, and the sentence for unlawful use of a motor vehicle should run concurrently due to the offences arising from the same incident.

Citation
[2008] IECCA 129
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Derek McCann
Jurisdiction
Ireland
Judgment Date
13 October 2008
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
sentence varied
Legal Topics
Sentencing, Firearms Offences, Concurrent and Consecutive Sentences, Mitigating Factors
Criminal Law Sentencing Firearms Offences Concurrent and Consecutive Sentences Mitigating Factors

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Parties

Director of Public Prosecutions

Prosecutor

Derek McCann

Applicant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for possession of firearms exceeded the statutory maximum
  2. 2 Whether sentences should run concurrently or consecutively
  3. 3 Appropriate reduction for plea and personal circumstances

Ratio Decidendi

The sentencing judge erred by basing the sentence on an incorrect statutory maximum; the appropriate sentence for possession of firearms is five years, and the sentence for unlawful use of a motor vehicle should run concurrently due to the offences arising from the same incident.

Court Disposition

sentence varied

Orders

  • Sentence for possession of firearms reduced to five years.
  • Sentence for unlawful use of a motor vehicle to remain at three years, to run concurrently with the firearms sentence.