Director of Public Prosecutions -v- Coll [2014] IECA 61 (28 November 2014)

The trial judge erred in principle by taking into account matters not forming part of the facts relating to the appellant, warranting a reduction in sentence.

Citation: [2014] IECA 61
Parties: Prosecutor: Director of Public Prosecutions; Appellant: Sarah Coll
Jurisdiction: Ireland
Judgment Date: 28 November 2014
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: sentence reduced and varied
Legal Topics: Sentencing, Possession of Controlled Drugs, Appeal Against Sentence, Error in Principle

Criminal Law Sentencing Possession of Controlled Drugs Appeal Against Sentence Error in Principle

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5

Parties

Director of Public Prosecutions

Prosecutor

Sarah Coll

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentencing judge erred in principle by taking into account matters not forming part of the facts relating to the appellant
2 Whether the sentence imposed was appropriate given the statutory minimum and the appellant's circumstances

Ratio Decidendi

The trial judge erred in principle by taking into account matters not forming part of the facts relating to the appellant, warranting a reduction in sentence.

Court Disposition

sentence reduced and varied

Orders

Six year prison sentence set aside and replaced with four years imprisonment, with the final two years suspended, conditional on entering a €100 bond to keep the peace and be of good behaviour for two years after release.