DPP v Boyle

JurisdictionIreland
JudgeFinlay Geoghegan J.
Judgment Date13 November 2014
Neutral Citation[2014] IECA 16
Docket Number[Appeal No. 10/2013]
CourtCourt of Appeal (Ireland)
Date13 November 2014

[2014] IECA 16

THE COURT OF APPEAL

Finlay Geoghegan J.

Peart J.

Mahon J.

[Appeal No. 10/2013]
DPP v Boyle
Between/
The People at the Suit of the Director of Public Prosecutions
Respondent
V
Malachy Boyle
Appellant

MISUSE OF DRUGS ACT 1977 S15(A)

MISUSE OF DRUGS ACT 1977 S27(3B)

MISUSE OF DRUGS ACT 1977 S27(3C)

MISUSE OF DRUGS ACT 1977 S27(3D)

MISUSE OF DRUGS ACT 1977 S15(B)

MISUSE OF DRUGS ACT 1977 S27(3D)(B)

MISUSE OF DRUGS ACT 1977 S27(3D)(A)

MISUSE OF DRUGS ACT 1977 S27(3B)(D)

Criminal law - Appeal against severity of sentence - Drugs offences - Misuse of Drugs Act 1977 - Sentencing approach of trial judge - Whether error of principle - Ten year minimum sentence - Where sentence of not less than ten years would be unjust in all the circumstances

Facts The appellant appeals against the severity of sentence. He was sentenced to ten years with three years suspended on 20 th July 2010 in respect of an offence contrary to s. 15A of the Misuse of Drugs Act 1977, in which he pleaded guilty. The appellant had transported two boxes containing 10.7 kg of cannabis herb and 47.3 kg of cannabis resin with an estimated value of approximately €413,600 from England to Ireland. When arrested he made admissions and cooperated with the interview process. The primary ground of appeal was in relation to the approach taken by the trial judge as regards sentencing under s. 27(3B), (3C) and (3D) of the Misuse of Drugs Act 1977. Under subsection (3C) where a person is convicted of an offence under s.15A or s.15B, the court in imposing sentence shall specify a term of not less than ten years as a minimum sentence of imprisonment. The trial judge said he was prepared to exercise his discretion and impose a lesser sentence than the prescriptive minimum sentence. The error of principle submitted was that the judge, having concluded that there were exceptional and specific circumstances which would have made a sentence of not less than ten years imprisonment unjust in all the circumstances, failed to properly approach the sentencing of the appellant.

Held The Court was of the view that the trial judge erred in his approach to sentencing in that having reached the conclusion that there were exceptional and specific circumstances which meant that a sentence of not less than ten years would be unjust in all the circumstances, he then imposed a sentence of ten years albeit with three years suspended. He erred in starting and using as a benchmark, the ten year minimum sentence. The court considered a sentence of ten years with three years suspended excessive and disproportionate. Accordingly the Court decided to set aside the sentence. The Court concluded, that by reason of the inherent gravity of the offence and having regard to the statutory criteria set out in s. 27 of the Act; the value of the drugs in question; the low level role of the appellant in the transport of the drugs in question; his personal circumstances and the other mitigating factors, the appropriate sentence was seven years with two years suspended on condition that he enter into a bond in the sum of €500 and that he enter into that bond to keep the peace and to be of good behaviour for a period of four years.

1

Judgment of the Court (ex tempore) delivered on the 13th day of November, 2014 by Finlay Geoghegan J.

2

1. This is an appeal by the appellant against the severity of a sentence of ten years with three years suspended imposed on him on the 20 th July, 2010, in respect of an offence contrary to s. 15A of the Misuse of Drugs Act 1977, in which he had pleaded guilty on the 13 th May, 2010, which was the first arraignment date.

3

2. The facts giving rise to the offence were that on the 17 th October, 2009, the appellant had transported from England to Ireland, two boxes containing 10.7 kg of cannabis herb and 47.3 kg of cannabis resin with an estimated value of approximately €413,600...

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