Director of Public Prosecutions -v- Devlin & anor [2016] IECA 125 (26 February 2016)

Director of Public Prosecutions -v- Devlin & anor [2016] IECA 125 (26 February 2016)

The sentences imposed were within the range available to the Circuit Court judge, who properly considered both aggravating and mitigating factors; no error in principle established.

Citation
[2016] IECA 125
Parties
Respondent: Director of Public Prosecutions; Appellant: Michael Devlin (Junior); Appellant: Michael Devlin (Senior)
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Appeal Procedure
Criminal Law Sentencing Drug Offences Appeal Procedure

Case Brief

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Parties

Director of Public Prosecutions

Respondent

Michael Devlin (Junior)

Appellant

Michael Devlin (Senior)

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for s. 15A Misuse of Drugs offences were excessive
  2. 2 Whether mitigating factors warranted reduction in sentence

Ratio Decidendi

The sentences imposed were within the range available to the Circuit Court judge, who properly considered both aggravating and mitigating factors; no error in principle established.

Court Disposition

appeal dismissed

Orders

  • Appeals against sentence dismissed; original sentences affirmed.