DPP -v- Mark Drinkwater [2007] IECCA 84 (31 July 2007)

DPP -v- Mark Drinkwater [2007] IECCA 84 (31 July 2007)

The applicant did not establish that the trial judge made a definitive statement promising a non-custodial sentence, nor that the sentencing process was complete at adjournment. The trial judge considered all relevant factors, including the probation report and mitigating circumstances. There was no error in principle or excess in the custodial sentence imposed. The applicant's sense of grievance was not legitimate in the circumstances.

Citation
[2007] IECCA 84
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Mark Drinkwater
Jurisdiction
Ireland
Judgment Date
31 July 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
Sentencing, Appeals, Burglary, Mitigating Factors, Sense of Grievance
Criminal Law Sentencing Appeals Burglary Mitigating Factors Sense of Grievance

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Parties

Director of Public Prosecutions

Prosecutor

Mark Drinkwater

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the applicant had a legitimate sense of grievance due to the trial judge's sentencing procedure
  2. 2 Whether the custodial sentence imposed was excessive or wrong in principle

Ratio Decidendi

The applicant did not establish that the trial judge made a definitive statement promising a non-custodial sentence, nor that the sentencing process was complete at adjournment. The trial judge considered all relevant factors, including the probation report and mitigating circumstances. There was no error in principle or excess in the custodial sentence imposed. The applicant's sense of grievance was not legitimate in the circumstances.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • Application for leave to appeal against sentence refused
  • Custodial sentence of two years imprisonment affirmed