Greer, R. v [2014] NICA 43 (07 February 2014)

Greer, R. v [2014] NICA 43 (07 February 2014)

The trial judge erred by imposing sentences above statutory maxima for certain drug offences; however, the sentences for the most serious offences (firearms and supply) were not manifestly excessive or wrong in principle given the applicant's record and the need for deterrence. The court substituted lawful sentences for the lesser offences and affirmed the sentences for the serious offences.

Citation
[2014] NICA 43
Parties
Prosecution: The Queen; Applicant: Stephen Greer
Jurisdiction
Northern Ireland
Judgment Date
07 February 2014
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
partially allowed
Legal Topics
Sentencing, Firearms Offences, Drug Offences, Appeals, Concurrent Sentences, Maximum Sentence Limits
Criminal Law Sentencing Firearms Offences Drug Offences Appeals Concurrent Sentences Maximum Sentence Limits

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Parties

The Queen

Prosecution

Stephen Greer

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in imposing sentences exceeding statutory maxima for certain drug offences
  2. 2 Whether the overall sentence was manifestly excessive or wrong in principle
  3. 3 Whether the combination of drug and firearms offences justified the sentence imposed

Ratio Decidendi

The trial judge erred by imposing sentences above statutory maxima for certain drug offences; however, the sentences for the most serious offences (firearms and supply) were not manifestly excessive or wrong in principle given the applicant's record and the need for deterrence. The court substituted lawful sentences for the lesser offences and affirmed the sentences for the serious offences.

Court Disposition

partially allowed

Orders

  • Affirmed sentences of three years and six months custody and three years and six months licence for Counts 3, 5, 13, and 14.
  • Quashed sentences for Counts 4, 6, 8, 10, 11, and 12 and substituted lawful sentences: Count 4 (5 years determinate, 2.5 years custody, 2.5 years licence), Count 6 (same as 4), Count 8 (3 years determinate, 1.5 years custody, 1.5 years licence), Counts 10, 11, 12 (16 months determinate each, 8 months custody, 8...