D.P.P.-v- Dominic Dwyer (Section 3 application) [2007] IECCA 9 (21 March 2007)

D.P.P.-v- Dominic Dwyer (Section 3 application) [2007] IECCA 9 (21 March 2007)

The Court determined that the case involves a point of law of exceptional public importance regarding the discretion of a sentencing court to consider previous sentences for offences committed after the crimes in issue but sentenced before sentencing for the crimes in issue, and that it is desirable in the public...

Source-derived case information.

Citation
[2007] IECCA 9
Parties
Prosecutor/applicant: Director of Public Prosecutions; Respondent: Dominic Dwyer
Jurisdiction
Ireland
Judgment Date
21 March 2007
Procedural Posture
Criminal Appeal (section 3 Application) / Application for Certificate to Appeal to Supreme Court
Outcome
certificate to appeal to Supreme Court granted
Legal Topics
Sentencing, Appeals, Certificate for Supreme Court Appeal, Unduly Lenient Sentence
Criminal Law Sentencing Appeals Certificate for Supreme Court Appeal Unduly Lenient Sentence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Prosecutor/applicant

Dominic Dwyer

Respondent

Procedural Posture

Criminal Appeal (section 3 Application) / Application for Certificate to Appeal to Supreme Court

Legal Issues

  1. 1 Whether a sentencing court has discretion to consider previous sentences imposed on the accused for offences committed after the crimes in issue but sentenced before sentencing for the crimes in issue

Ratio Decidendi

The Court determined that the case involves a point of law of exceptional public importance regarding the discretion of a sentencing court to consider previous sentences for offences committed after the crimes in issue but sentenced before sentencing for the crimes in issue, and that it is desirable in the public interest that an appeal be taken to the Supreme Court.

Court Disposition

certificate to appeal to Supreme Court granted

Orders

  • Certificate granted for appeal to Supreme Court on the certified point of law