DPP v Halligan
| Jurisdiction | Ireland |
| Judge | Finnegan J. |
| Judgment Date | 15 February 2010 |
| Neutral Citation | [2010] IECCA 17 |
| Docket Number | 139CJA/09 |
| Court | Court of Criminal Appeal |
| Date | 15 February 2010 |
[2010] IECCA 17
COURT OF CRIMINAL APPEAL
Finnegan J.
Herbert J.
Charleton J.
CRIMINAL JUSTICE ACT 1993 S2
CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001 S14
NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S15
FIREARMS & OFFENSIVE WEAPONS ACT 1990 S11
CRIMINAL LAW
Sentence
Undue leniency - Robbery - False imprisonment - Violence - Production of knife - Serious offences - Maximum penalties - Prolonged nature of offence - Vulnerable nature of victim - Mitigating factors - Co-operation with Gardaí - Plea of guilt - Probation report - High risk of re-offending - Previous convictions - Firearms and Offensive Weapons Act 1990 (No 12), s 11 - Criminal Justice Act 1993 (No 6), s 2 - Non-Fatal Offences Against the Person Act 1997 (No 26), s 15 - Criminal Justice (Theft and Fraud Offences) Act 2001 (No 50), s 14 - Sentence increased (139CJA/2009 - CCA - 15/2/2010) [2010] IECCA 17
People (DPP) v Halligan
Facts The applicant was charged with three offences, two of which carried a maximum sentence of life imprisonment. These offences of false imprisonment and violence involved a slash to the face of the victim while the respondent carried out a robbery. He was also charged with producing a knife. The maximum for the third offence was five years. After suspending part of sentences the trial judge imposed the sentence imposed was two years. The DPP appealed the sentence on grounds that they were unduly lenient.
Held by the Court of Criminal Appeal (Finnegan J; Herbert and Charleton JJ) in allowing the appeal in finding that there was an error of principle in sentencing:
The trial judge erred at placing the range where the sentences fell.
Despite a guilty pleas the court has to take into account the seriousness and violent nature of the crime.
The Probation Service report showed the accused was a high risk of re-offending.
Reporter: BD
This is an application by the Director of Public Prosecutions under section 2 of the Criminal Justice Act1993. The respondent on the application, James Halligan, came before the Circuit Criminal Court charged with three counts. Count 1 was a count of robbery contrary to section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001. The offence was committed on the 15th August 2008. The amount stolen was €550.00 together with six cans of Heineken. The victim was the owner and operator of an off-licenced premises John Walsh. He is a man in his mid-sixties who has no sight in one eye and very limited sight in...
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DPP v Lewis
...more prolonged offending, using actual violence against vulnerable victims. 12 The appellant relies on on The People (DPP) v Halligan [2010] IECCA 17 which concerned an accused who gained entry to a shop and tied up the owner, an elderly and almost entirely blind gentleman, and imprisoned h......