D.P.P. v. Finn [2000] IESC 75; [2001] 2 IR 25 (24th November, 2000)

D.P.P. v. Finn [2000] IESC 75; [2001] 2 IR 25 (24th November, 2000)

The 28-day period for the DPP to appeal a sentence as unduly lenient under s.2(2) of the Criminal Justice Act 1993 runs from the date the original sentence is imposed, not from any subsequent review order. The DPP, having failed to appeal within 28 days of the original sentence, was precluded from appealing after the review. The Court of Criminal Appeal erred in substituting a new sentence outside the statutory time limit.

Citation
[2001] 2 IR 25
Parties
Prosecutor: The People (Director of Public Prosecutions); Applicant: Unnamed Applicant (Defendant)
Jurisdiction
Ireland
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Court of Criminal Appeal Decision
Outcome
appeal allowed
Legal Topics
Sentencing, Review of Sentence, Separation of Powers, Remission and Commutation, Appeal Time Limits
Criminal Law Constitutional Law Sentencing Review of Sentence Separation of Powers Remission and Commutation Appeal Time Limits

Case Brief

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Parties

The People (Director of Public Prosecutions)

Prosecutor

Unnamed Applicant (Defendant)

Applicant

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether the Director of Public Prosecutions can appeal a sentence as unduly lenient under s.2 of the Criminal Justice Act, 1993, when the application is made more than 28 days after the original sentence but within 28 days of a later review order.
  2. 2 Whether the practice of including a review clause in custodial sentences is valid and compatible with the separation of powers and statutory regime.

Ratio Decidendi

The 28-day period for the DPP to appeal a sentence as unduly lenient under s.2(2) of the Criminal Justice Act 1993 runs from the date the original sentence is imposed, not from any subsequent review order. The DPP, having failed to appeal within 28 days of the original sentence, was precluded from appealing after the review. The Court of Criminal Appeal erred in substituting a new sentence outside the statutory time limit.

Court Disposition

appeal allowed

Orders

  • The sentence imposed by the Court of Criminal Appeal is set aside.
  • The original sentence imposed by the Central Criminal Court is restored and affirmed, including the orders made on October 26th, 1998 and April 14th, 1998.