DPP v Coll

• Jurisdiction: Ireland
• Judge: Mr. Justice Sheehan
• Judgment Date: 28 November 2014
• Neutral Citation: [2014] IECA 61
• Date: 28 November 2014
• Court: Court of Appeal (Ireland)
• Docket Number: 241/13

[2014] IECA 61

THE COURT OF APPEAL

Sheehan J.

Birmingham J.

Sheehan J.

Mahon J.

241/13

The People at the Suit of the Director of Public Prosecutions

V

Sarah Coll

Appellant

Crime & sentencing – Drugs – Possession of Cannabis and Diamorphine – Appeal against setence

Facts: The appellant, Ms Coll, on the 7th June, 2013, pleaded guilty to a charge of possession of cannabis to the value of approximately €28,260 contrary to s. 15A of the Misuse of Drugs Act 1977 and to a charge of possession of Diamorphine for her own personal use. She was sentenced to six years imprisonment with the final three years of that sentence suspended for a period of three years on the s. 15A charge provided she entered into a bond to keep the peace and be of good behaviour for that period. Both offences were committed on the 24th September, 2012. The appellant appealed to the Court of Appeal against sentence.

Held by the Court that the trial judge erred in principle in her approach to sentence by taking into account matters which were excluded from the recital of the facts of the respondent, the DPP, in relation to her. The Court held that this represented an error in principle and accordingly the Court held that it would set aside the order of the sentencing judge.

The Court held that it would reduce the six year prison sentence to one of four years imprisonment and would suspend the final two years of the said sentence, provided that Ms Coll enter into a bond in the sum of €100, to keep the peace and be of good behaviour for a period of two years following her release from prison.

Appeal allowed.

Judgment of the Court (ex tempore) delivered on the 28th day of November 2014, by Mr. Justice Sheehan

1 This is an appeal against sentence.

2 On the 7th June, 2013, Sarah Coll pleaded guilty to a charge of possession of cannabis to the value of approximately €28,260 contrary to s. 15A of the Misuse of Drugs Act, 1977 (as amended) and to a charge of possession of Diamorphine for her own personal use.

3 Sarah Coll was sentenced to six years imprisonment with the final three years of that sentence suspended for a period of three years on the s. 15A charge provided she entered into a bond to keep the peace and be of good behaviour for that period. Both offences were committed on the 24th September, 2012.

The Facts

4 On the 24th September, 2012, the appellant was arrested at the Deadman's Inn, Palmerstown, Co. Dublin, following a...