Director of Public Prosecutions v F.E. [2020] IESC 5 (26 February 2020)

Director of Public Prosecutions v F.E. [2020] IESC 5 (26 February 2020)

The Supreme Court has jurisdiction to correct an error of law in sentencing made by the Court of Appeal, and the original sentence imposed by the Central Criminal Court was correct in principle for the offence of rape; therefore, the Court of Appeal's order is quashed and the original sentence is restored.

Citation
[2020] IESC 5
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: FE
Jurisdiction
Ireland
Judgment Date
26 February 2020
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Court of Appeal Decision
Outcome
Appeal dismissed; original sentence restored
Legal Topics
Rape, Sentencing, Appeals, Constitutional Jurisdiction
Criminal Law Rape Sentencing Appeals Constitutional Jurisdiction

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Parties

Director of Public Prosecutions

Prosecutor/appellant

FE

Accused/respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Court of Appeal Decision

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to review and correct a sentence reduced by the Court of Appeal on an incorrect legal principle
  2. 2 Whether the original sentence imposed by the Central Criminal Court was correct in principle for the offence of rape

Ratio Decidendi

The Supreme Court has jurisdiction to correct an error of law in sentencing made by the Court of Appeal, and the original sentence imposed by the Central Criminal Court was correct in principle for the offence of rape; therefore, the Court of Appeal's order is quashed and the original sentence is restored.

Court Disposition

Appeal dismissed; original sentence restored

Orders

  • The order of the Court of Appeal is quashed.
  • The sentence originally imposed by Kennedy J in the Central Criminal Court is restored.