Director of Public Prosecutions v Wall, Walsh, O'Connor, Tynan [2020] IECA 48 (02 March 2020)

Director of Public Prosecutions v Wall, Walsh, O'Connor, Tynan [2020] IECA 48 (02 March 2020)

The sentences imposed for both robbery and firearms offences were unduly lenient, representing a substantial departure from the norm given the gravity of the offences and aggravating factors. The discounts for mitigation were excessive, and there were no exceptional circumstances justifying a departure from the mandatory minimum sentence for the firearms offence. The sentences were quashed and substituted with higher sentences reflecting appropriate headline sentences, proper mitigation, and imposition of the mandatory minimum for the firearms offence.

Citation
[2020] IECA 48
Parties
Applicant: Director of Public Prosecutions; Respondent: Alan Wall; Respondent: Barry Walsh; Respondent: Conor O’Connor; Respondent: Michael Tynan
Jurisdiction
Ireland
Judgment Date
02 March 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence (undue Leniency Review)
Outcome
appeal allowed, sentences varied
Legal Topics
Robbery, Possession of Firearm, Sentencing, Undue Leniency, Appeal, Mandatory Minimum Sentences
Criminal Law Robbery Possession of Firearm Sentencing Undue Leniency Appeal Mandatory Minimum Sentences

Case Brief

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Parties

Director of Public Prosecutions

Applicant

Alan Wall

Respondent

Barry Walsh

Respondent

Conor O’Connor

Respondent

Michael Tynan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (undue Leniency Review)

Legal Issues

  1. 1 Whether the sentences imposed for robbery and possession of a firearm were unduly lenient
  2. 2 Whether the sentencing judge erred in headline sentence selection and mitigation discounts
  3. 3 Whether the mandatory minimum sentence for the firearms offence should have been imposed

Ratio Decidendi

The sentences imposed for both robbery and firearms offences were unduly lenient, representing a substantial departure from the norm given the gravity of the offences and aggravating factors. The discounts for mitigation were excessive, and there were no exceptional circumstances justifying a departure from the mandatory minimum sentence for the firearms offence. The sentences were quashed and substituted with higher sentences reflecting appropriate headline sentences, proper mitigation, and imposition of the mandatory minimum for the firearms offence.

Court Disposition

appeal allowed, sentences varied

Orders

  • Sentences imposed by the court below quashed.
  • Alan Wall: 7 years imprisonment for robbery, 5 years concurrent for firearms offence.