DPP v Barry

• Jurisdiction: Ireland
• Judge: Finnegan J.
• Judgment Date: 23 June 2008
• Neutral Citation: [2008] IECCA 93
• Docket Number: 269CJA/07
• Court: Court of Criminal Appeal
• Date: 23 June 2008

[2008] IECCA 93

COURT OF CRIMINAL APPEAL

Finnegan J.

Budd J.

Gilligan J.

269CJA/07

DPP v Barry

IN THE MATTER OF SECTION 2 CRIMINAL JUSTICE ACT 1993

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)

.v.

EOIN BARRY

RESPONDENT

CRIMINAL JUSTICE ACT 1993 S2

FIREARMS ACT 1964 S27A(1)

CRIMINAL JUSTICE ACT 2006 S59

CRIMINAL JUSTICE ACT 2007 S38

FIREARMS ACT 1964 S27A(4)

FIREARMS ACT 1964 S27A(4A)

FIREARMS ACT 1964 S27A(5)

FIREARMS ACT 1964 S27A(6)

1 Judgment of the Court (ex tempore) delivered on the 23rd day of June 2008 by Finnegan J.

Finnegan J.

2 This is an application by the Director of Public Prosecutions pursuant to section 2 of the Criminal Justice Act1993 that is an application to this court on the basis that the sentences imposed on the respondent here were unduly lenient.

3 The respondent was charged with and pleaded guilty to two offences, one of possession of firearms and the other in possession of ammunition contrary to section 27A subsection 1 of the Firearms Act1964 as substituted by section 59 of the Criminal Justice Act 2006 and section 38 of the Criminal Justice Act 2007. Each of the offences of which he is charged carries with it a maximum sentence of fourteen years imprisonment. The effect of the two amendments which I mention under the Criminal Justice Act 2006 and 2007 is that a minimum sentence provision has been introduced in respect of firearms offences.

4 Section 59 of the Criminal Justice Act 2006 increases the maximum penalty for firearms offences to fourteen years. The section also imposes a provision in the substituted section 27A subsection 4 requiring the court and imposing sentence to specify a term of imprisonment not less than five years as the minimum term of imprisonment to be served by the person.

5 The 2007 Act introduced subsection 4A into the substituted provision section 27A. Subsection 4A is unusual in that it sets out the legislative policy to underline that provision in terms that it provides that the purposes of subsections 5 and 6 of section 27A is to provide that in view of the harm caused to society by the unlawful use of possession of firearms the court in imposing sentence on a person for an offence under that provision shall specify the minimum term of imprisonment to be served by the person for a term of not less than five years.

6 The statutory scheme however where these provisions apply is such that under subsection 5 the court shall take into account a plea of guilty. It will also take into account where there has been a plea of guilty the stage at which the intention to plead guilty was indicated and the circumstances in which the indication was given. Again under subsection 5 the court will take into account whether the person materially assisted in the investigation of the offence. So these are matters that have to be looked at. Under subsection 4A further matters are required to be taken into...