D.P.P.-v- Patrick Long [2006] IECCA 49 (07 April 2006)

The sentencing judge failed to clearly avoid being influenced by admissions of prior uncharged offences, contrary to established legal principles, warranting the quashing of the sentence and imposition of a new sentence based solely on the charged offence and proper aggravating and mitigating factors.

Citation: [2006] IECCA 49
Parties: Prosecutor: Director of Public Prosecutions; Applicant: Patrick Long
Jurisdiction: Ireland
Judgment Date: 07 April 2006
Procedural Posture: Criminal Appeal / Application for Leave to Appeal Sentence
Outcome: sentence quashed and new sentence imposed
Legal Topics: Sentencing, Importation of Drugs, Misuse of Drugs, Mandatory Minimum Sentences, Admissibility of Evidence in Sentencing

Criminal Law Sentencing Importation of Drugs Misuse of Drugs Mandatory Minimum Sentences Admissibility of Evidence in Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 9

Parties

Director of Public Prosecutions

Prosecutor

Patrick Long

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

1 Whether the sentencing judge erred by taking into account admissions of uncharged offences in sentencing
2 Whether the sentence imposed was disproportionate given the mitigating and aggravating factors

Ratio Decidendi

Court Disposition

sentence quashed and new sentence imposed

Orders

Original sentence of 14 years quashed
New sentence of 14 years imprisonment imposed, disregarding admissions of prior uncharged offences