DPP -v- Derrick Stronge [2011] IECCA 79 (23 May 2011)

DPP -v- Derrick Stronge [2011] IECCA 79 (23 May 2011)

The sentence imposed was not a substantial or gross departure from the norm and fell within the trial judge's discretion, considering all relevant aggravating and mitigating factors; no error of principle was found.

Citation
[2011] IECCA 79
Parties
Prosecutor/appellant: Director of Public Prosecutions; Accused/respondent: Derrick Stronge
Jurisdiction
Ireland
Judgment Date
23 May 2011
Procedural Posture
Criminal Appeal / Application for Review of Sentence Under S.2 Criminal Justice Act 1993
Outcome
application dismissed
Legal Topics
Sentencing, Dangerous Driving Causing Death, Undue Leniency, Review of Sentence
Criminal Law Sentencing Dangerous Driving Causing Death Undue Leniency Review of Sentence

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/appellant

Derrick Stronge

Accused/respondent

Procedural Posture

Criminal Appeal / Application for Review of Sentence Under S.2 Criminal Justice Act 1993

Legal Issues

  1. 1 Whether the sentence imposed for dangerous driving causing death was unduly lenient under s.2 Criminal Justice Act 1993

Ratio Decidendi

The sentence imposed was not a substantial or gross departure from the norm and fell within the trial judge's discretion, considering all relevant aggravating and mitigating factors; no error of principle was found.

Court Disposition

application dismissed

Orders

  • DPP's application for review of sentence dismissed
  • Sentence of two years imprisonment with twelve months suspended and ten-year driving disqualification stands