D.P.P.-v- RMcC [2005] IECCA 71 (12 May 2005)
The offences were of such exceptional gravity that the imposition of eight concurrent life sentences was justified under section 29 of the Criminal Justice Act, 1999, notwithstanding the appellant's early guilty plea and otherwise good character. No error of principle or objective bias was found in the sentencing process.
- Citation
- [2005] IECCA 71
- Parties
- Prosecutor: Director of Public Prosecutions; Appellant: R McC
- Jurisdiction
- Ireland
- Judgment Date
- 12 May 2005
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Appeal dismissed, sentence affirmed
- Legal Topics
- Sentencing, Rape, Sexual Offences, Mitigating Factors, Concurrent Sentences, Life Imprisonment
Case Brief
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Prosecutor
R McC
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the trial judge erred in principle by imposing eight concurrent life sentences for rape counts
- 2 Whether failure to give credit for early guilty plea and good character constituted an error of principle
- 3 Whether the judge's reference to prior case law indicated objective bias
Ratio Decidendi
The offences were of such exceptional gravity that the imposition of eight concurrent life sentences was justified under section 29 of the Criminal Justice Act, 1999, notwithstanding the appellant's early guilty plea and otherwise good character. No error of principle or objective bias was found in the sentencing process.
Court Disposition
Appeal dismissed, sentence affirmed
Orders
- Appeal dismissed
- Sentences imposed in the Central Criminal Court affirmed
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