DPP -v- Rory Lernihan [2009] IECCA 54 (14 May 2009)

DPP -v- Rory Lernihan [2009] IECCA 54 (14 May 2009)

The sentence of four years imprisonment with two and a half years suspended was unduly lenient given the gravity of the offence, the legislative framework, and the double-counting of mitigating factors. The Court's jurisdiction is not limited by the Director's submissions once the sentence is quashed; the Court must consider the appropriate sentence de novo. The appropriate sentence, considering all circumstances, is seven years imprisonment.

Citation
[2009] IECCA 54
Parties
Prosecutor/applicant: Director of Public Prosecutions; Respondent: Rory Lernihan
Jurisdiction
Ireland
Judgment Date
14 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Application for Certificate to Appeal to Supreme Court
Outcome
Appeal allowed; sentence quashed and replaced
Legal Topics
Sentencing, Drugs Offences, Appeal Procedure, Jurisdiction of Court of Criminal Appeal
Criminal Law Sentencing Drugs Offences Appeal Procedure Jurisdiction of Court of Criminal Appeal

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/applicant

Rory Lernihan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Application for Certificate to Appeal to Supreme Court

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.2 of the Criminal Justice Act, 1993
  2. 2 Whether the Court of Criminal Appeal's jurisdiction is limited by the submissions of the Director of Public Prosecutions
  3. 3 Appropriate sentence for possession of controlled drugs over €13,000 under s.15A of the Misuse of Drugs Act, 1977

Ratio Decidendi

The sentence of four years imprisonment with two and a half years suspended was unduly lenient given the gravity of the offence, the legislative framework, and the double-counting of mitigating factors. The Court's jurisdiction is not limited by the Director's submissions once the sentence is quashed; the Court must consider the appropriate sentence de novo. The appropriate sentence, considering all circumstances, is seven years imprisonment.

Court Disposition

Appeal allowed; sentence quashed and replaced

Orders

  • The sentence of four years imprisonment with two and a half years suspended is quashed.
  • The respondent is sentenced to seven years imprisonment.