DPP v Devlin

• Jurisdiction: Ireland
• Judge: Mr. Justice Birmingham
• Judgment Date: 26 February 2016
• Neutral Citation: [2016] IECA 125
• Date: 26 February 2016
• Court: Court of Appeal (Ireland)
• Docket Number: 212/14 213/14

[2016] IECA 125

THE COURT OF APPEAL

Birmingham J.

212/14

213/14

Birmingham J.

Sheehan J.

Mahon J.

The People at the Suit of the Director of Public Prosecutions

Respondent

V

Michael Devlin (Junior)

and

Michael Devlin (Senior)

Appellant

Sentencing ? Drug offences ? Severity of sentence ? Appellants seeking to appeal against sentences ? Whether sentences were unduly severe

Facts: The appellants, Mr Devlin Jr and Mr Devlin Sr, are father and son. They were seen to rendezvous with a lorry that was under observation by An Garda Síochána. Mr Devlin Jr was seen getting into the cab of the lorry. The lorry and the motorcar which had rendezvoused with it were kept under observation. The car was driven by Mr Devlin Sr. The lorry and the car then proceeded in convoy with the car leading to an industrial estate type complex. There Gardaí observed goods and materials being taken from the container. Gardaí moved in and 262 packages of cannabis weighing 64.50kg and with a street value of just over ?1.3 million were seized. Following pleas of guilty to s. 15A Misuse of Drugs offences, the appellants were sentenced to twelve years imprisonment with the final four years of that sentence suspended in the case of Mr Devlin Sr and with the final two years of the twelve years suspended in the case of Mr Devlin Jr in the Circuit Court in Dundalk on the 24th October, 2014. The appellants appealed to the Court of Appeal against the severity of those sentences. The judge was criticised for identifying the offending as being at the higher end of the scale. The appellants submitted that his view in that regard was inconsistent with the fact that he said that the appellants had become involved at the behest of others, so that those others could stay away from the frontline.

Held by Birmingham J that, having considered the clearly expressed policy laid out by the Oireachtas, the Court could not conclude that the judge erred in deciding that in the case of Mr Devlin Jr a sentence of ten years to be served would be unjust. Birmingham J held that the Court could not conclude that the starting sentence of twelve years in either case was excessive. Birmingham J noted that in the case of Mr Devlin Sr the judge decided to suspend four years or one third of that sentence and that addressed in a significant way the mitigating factors that undoubtedly were present. Birmingham J held that the Court could not conclude that the sentence imposed in either case fell outside the range of sentences available to the judge in the Circuit Court.

Birmingham J held that, in those circumstances, the Court could not conclude that any error in principle had been established. The Court therefore dismissed the appeals.

Appeals dismissed.

Judgment of the Court (ex tempore) delivered on the 26th day of February 2016, by Mr. Justice Birmingham

1 The appellants are father and son and each appeal against the severity of sentences that were imposed in the Circuit Court in Dundalk on the 24th October, 2014. The sentences appealed are sentences of twelve years imprisonment with the final four years of that sentence suspended in the case of Michael Devlin Snr. and with the final two years of the twelve years suspended in the case of Michael Devlin Jnr. The sentences were imposed following pleas of guilty to s. 15A Misuse of Drugs offences.

2 The background to the offence is that on the 20th September, 2013, an off duty member of An Garda Síochána who was out cycling in the Termonfeckin area of Co. Louth, was flagged down by the driver of a lorry which very obviously had a foreign registration plate. The driver who spoke very little English showed the off duty garda a delivery docket which referred to Termonfeckin Freshfoods, Wholesale and Distribution, Unit 2, Termonfeckin, Drogheda Co. Louth. The off duty garda immediately became suspicious. He had served in the area and did not recognise the company referred to or indeed the address. He reported his suspicions immediately and they were promptly acted upon.

3 The lorry and container were as a result placed under observation and in the course of that, both appellants were seen to rendezvous with the lorry. At one stage Mr. Devlin Jnr. was seen getting into the cab of the lorry. The lorry and the motorcar, a Citroen which had rendezvoused with it were kept under observation. The car was driven by Mr. Devlin Snr. and Mr. Devlin Jnr. had been a passenger then proceeded in convoy with the car leading, to an industrial estate type complex. There gardaí observed goods and materials being taken from the container. Gardaí moved in and 262 packages of cannabis weighing 64.50kg and with a street value of just over ?1.3 million were seized.

4 In terms of the accused's background and circumstances, Mr. Devlin Jnr. was aged 40 years and was the father of five children. He had eleven previous convictions including two larcenies, three assaults and a malicious damage and criminal damage....