DPP v Cully

JurisdictionIreland
JudgeMr. Justice Mahon
Judgment Date13 November 2014
Neutral Citation[2014] IECA 11
CourtCourt of Appeal (Ireland)
Date13 November 2014

[2014] IECA 11

THE COURT OF APPEAL

Finlay Geoghegan, J.

Peart, J.

Mahon, J.

[Appeal No.]
DPP v Cully
Between/
The People at the Suit of the Director of Public Prosecutions
V
John Cully
Appellant

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S13

GILLIGAN v IRELAND & ORS UNREP SUPREME 14.10.2013 2013/21/6303 2013 IESC 45

Sentencing – Driving Offences – s. 13 of the Non Fatal Offences Against the Person Act 1997 – Aggravating Factors

Facts: The appellant sought a reduction in his sentence of eight years arising from two dangerous driving offences. The appellant was charged under s. 13 of the Non Fatal Offences Against the Person Act 1997. The trial judge had directed that his two four year sentences be consecutive. It meant that the total period of imprisonment would be six years. The last two years of the appellant"s sentence was to be suspended upon certain conditions. The appellant contended that the overall sentence was excessive in light of his guilty plea, apology and the fact he was suffering from serious health problems.

Ruling: The court determined that there were a number of serious aggravating factors in the case including extremely dangerous and reckless riving. The incident had resulted in two Gardaí being injured, the appellant had tried to escape arrest and the second offence had been committed while on bail. As a result the appeal was dismissed because there were no errors of principle and the sentence that had been imposed by the Trial judge was reasonable and appropriate.

13

13th day of November 2014 by Mr. Justice Mahon

1

1. The appellant in this case seeks a reduction in sentences totalling eight years in prison, (with the final two years suspended on certain conditions) arising from the commission of two very serious offences involving large vehicles being driven by him in a very dangerous manner and which resulted in the appellant facing two separate charges under s. 13 of the Non Fatal Offences Against the Person Act 1997 in relation to two separate incidents which occurred less than eight months apart.

2

2. The first of these occurred on the 31 st October 2011 at Blackditch Road, Ballyfermot when the appellant drove a large jeep directly at a garda car causing a very violent collision, after which he sped away, only to lose control of his vehicle and crashing it into a gate pillar, whereupon he was arrested following a violent struggle. The two occupants of the garda car were injured, with one off work for thirty one days and the other is still off work over two years later. The appellant was duly charged under s. 13 of the Non Fatal Offences Against the Person Act 1997. He was sentenced to four years imprisonment on 11 th March...

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3 cases
  • DPP v Jones
    • Ireland
    • Court of Appeal (Ireland)
    • 6 April 2017
    ... ... Begley [2013] 2 I.R. 188 at 212 ... It was noted that it must be given serious consideration. Further even when caught red handed a guilty plea represents a mitigating factor as noted in The People (DPP) v. Cully [2014] IECA 41 at para. 5 ... 20 The respondent noted the factors which were considered in The People (DPP) v. McCabe [2005] IECCA 79 ... These included his being lead to believe a non-custodial sentence would be imposed and that it was hanging over him for almost 3 ... ...
  • DPP v Carberry
    • Ireland
    • Court of Appeal (Ireland)
    • 17 November 2014
    ...the two approaches to sentence indicated by the former Court of Criminal Appeal in The People (Director of Public Proscecutions) v. Ryan [2014] IECA 11, [2014 2 I.L.R.M. 98. But far more importantly the two year sentences actually imposed does not reflect the inherent gravity of the offence......
  • DPP v Kavanagh
    • Ireland
    • Court of Appeal (Ireland)
    • 24 November 2014
    ...methodology of the sentencing judge is permitted by the judgment of the Court of Criminal Appeal delivered by Clarke J. in DPP v. Ryan [2014] IECA 11 and in particular the alternative approaches set out in para. 3.1 to 3.3 of that judgment. Those permit a sentencing judge to place the offen......

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