D.P.P.-v- Stephen Aherne [2004] IECCA 13 (05 July 2004)

D.P.P.-v- Stephen Aherne [2004] IECCA 13 (05 July 2004)

The trial judge erred in principle in sentencing; after considering aggravating and mitigating factors, the appropriate sentence for the appellant's manslaughter offence is ten years imprisonment.

Citation
[2004] IECCA 13
Parties
Prosecutor: Director of Public Prosecutions; Defendant/appellant: Stephen Aherne
Jurisdiction
Ireland
Judgment Date
05 July 2004
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Sentence quashed; ten years imprisonment imposed in lieu.
Legal Topics
Manslaughter, Sentencing, Mitigating Factors, Youth Offenders
Criminal Law Manslaughter Sentencing Mitigating Factors Youth Offenders

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Stephen Aherne

Defendant/appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing approach adopted by the trial judge was erroneous in principle
  2. 2 Appropriate sentence for manslaughter given aggravating and mitigating factors

Ratio Decidendi

The trial judge erred in principle in sentencing; after considering aggravating and mitigating factors, the appropriate sentence for the appellant's manslaughter offence is ten years imprisonment.

Court Disposition

Sentence quashed; ten years imprisonment imposed in lieu.

Orders

  • Quash original sentence
  • Impose ten years imprisonment for manslaughter