DPP v Glennon

• Jurisdiction: Ireland
• Judge: Mr. Justice Edwards
• Judgment Date: 19 October 2018
• Neutral Citation: [2018] IECA 329
• Docket Number: Record No: 7/2017
• Court: Court of Appeal (Ireland)
• Date: 19 October 2018

[2018] IECA 329

THE COURT OF APPEAL

Edwards J.

Birmingham J.

Edwards J.

McCarthy J.

Record No: 7/2017

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

Appellant

V

RYAN GLENNON

Respondent

Sentencing – Membership of an unlawful organisation – Severity of sentence – Appellant seeking to appeal against sentence – Whether sentence was unduly severe

Facts: The appellant, Mr Glennon, on the 27th of October 2015, was arraigned and pleaded not guilty before the Special Criminal Court to one count of membership of an unlawful organisation, being an organisation styling itself the Irish Republican Army (IRA), contrary to s. 21 of the Offences against the State Act 1939. On the 11th of November 2016, the Special Criminal Court found the appellant guilty of the sole count on the indictment. On the 5th of December 2016, the court sentenced the appellant to six years' imprisonment to be backdated to the date of conviction. The appellant appealed to the Court of Appeal against both the conviction and the sentence imposed upon him. On the 28th of June 2018, the Court dismissed the appellant's appeal against conviction. In seeking to impugn the sentence imposed by the sentencing court at first instance, the appellant sought to rely on the following two grounds of appeal: (i) the sentencing court erred in failing to allow an appropriate reduction from the identified headline sentence for the appellant's previous good character and the absence, in effect, of previous convictions; (ii) the sentencing court erred in finding that the absence of relevant previous convictions was the only mitigating factor in the case and that the appellant's history of employment had no mitigating relevance in sentence.

Held by the Court that, in the circumstances, while the appellant was entitled to some mitigation for his previous work record, and for the fact that he had no previous convictions, the amount of discount to which those factors cumulatively would have entitled him was always going to be modest. The Court found that none of the most powerful potential mitigating factors that might have been available to him, such as a plea of guilty, co-operation and dissociation, were available to him. The Court was satisfied that both the work record factor and his lack of convictions were in fact taken into account, and that they were adequately reflected in the level of discount that was in fact afforded.

The Court held that, having found no error of principle, it would dismiss the appeal.

Appeal dismissed.

JUDGMENT of the Court ( ex tempore) delivered on the 19th of October 2018 by Mr. Justice Edwards

Introduction

1 On the 27th of October 2015, the appellant herein was arraigned and pleaded not guilty before the Special Criminal Court to one count of membership of an unlawful organisation, being an organisation styling itself the Irish Republican Army ('IRA'), contrary to s. 21 of the Offences against the State Act 1939, as amended ('the Act of 1939'). In a trial lasting eight days, on the 11th of November 2016, the Special Criminal Court found the appellant guilty of the sole count on the indictment.

2 On the 5th of December 2016, the court sentenced the appellant to six years" imprisonment to be backdated to the date of conviction (i.e. the 11th of November 2016). The appellant appealed against both the conviction and the sentence imposed upon him in the Special Criminal Court. On the 28th of June 2018, this Court dismissed the appellant's appeal against conviction. Earlier today, this Court heard submissions from both parties in respect of the appellant's appeal against the severity of his sentence. Accordingly, this ex tempore judgment deals with the sentence aspect of the appeal.

Background facts

3 Detective Sergeant Padraig Boyce, one of the investigating officers in relation to the present offence, gave evidence at the sentence hearing that, on the 13th of May 2015, a search was conducted of a property at 19 Harbour Court, Courtown, Co. Wexford. It was accepted by the defence at trial that this house was the holiday home of the appellant's parents and that the appellant's family home is in Dublin. Within this house, there were two main locations from which a number of items were taken, analysed and found to be of an explosive nature. Firstly, a significant amount of explosives including rockets were retrieved from the downstairs toilet in the house. A large quantity of explosive component parts were also found in the kitchen area in a Tupperware tub. In respect of the downstairs bathroom area, a water tub mounted to a hand trolley was found. Upon examination, this water tub was found to contain four rockets along with Semtex and detonators and other material associated with explosives. The appellant's fingerprints were also found to be on the hand trolley. In relation to the kitchen area of the house, there was a plastic container which, subsequent to examination, was found to contain explosive related substances, namely fire extinguishers, a booster tube contained in a Lucozade bottle and Homemade fertilizer, or ground ammonium nitrate. Within this plastic container, a pair of gardening gloves containing the appellant's DNA was also retrieved in evidence.

4 At trial, a strand of the prosecution's case was surveillance evidence conducted on the premises in Dublin and Courtown Co. Wexford. On the 9th of May 2015, the appellant was seen in the company of a man by the name of Donal Costigan, driving from Dublin to the Courtown area in Co. Wexford. The appellant, along with Mr. Costigan and the appellant's brother, were observed at the house in Courtown.

5 On the 13th of May 2015, the appellant was arrested by Detective Garda Dunne pursuant to s. 30 of the Offences Against the State Act 1939. During the course of this detention, the appellant's fingerprints and buccal swabs were taken for the purposes of the investigation. The appellant was also interviewed pursuant to s. 2 of the Offences Against the State (Amendment) Act 1940. Gardaí conducted five interviews with the appellant, during which he failed to answer any questions. The appellant was charged, sent forward for trial, and ultimately convicted as outlined above. He was sentenced to six years" imprisonment and now appeals against the severity of this sentence.

The Appellant's personal circumstances

6 The appellant was born on the 29th of December 1990, making him twenty-five-years-old at the time of sentencing. He has been in a steady relationship for some time and has a three-year-old daughter with his partner. Since leaving school, the appellant has worked consistently, most recently working as a labourer in Dublin docks. Various testimonials were put before the sentencing court, one of which was from his former employer in the docks, a Mr. Kelly, which indicated that he has an excellent work and punctuality record.

7 The sentencing court was also furnished with a GP's letter, which states that the appellant suffers from epilepsy.

8 The appellant has one previous conviction for a minor road traffic offence. Counsel for the appellant urged upon the sentencing court that the appellant has never been arrested under s. 30 of the Act of 1939 before.

Sentencing Judge's Remarks

9 In sentencing the appellant, the sentencing court made the following remarks:

'The evidence in this case was particularly strong having regard to the finding of the contents of the holiday home at 19 Harbour Court in Courtown. These are aggravating factors in relation to this case, and the Court...