DPP v Healy

 
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1989 WJSC-CCA 1265

COURT OF CRIMINAL APPEAL

McCarthy J.

Carroll J.

Barron J.

20/88
DPP v. HEALY
THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
-V-
NOEL HEALY

Citations:

CRIMINAL JUSTICE ACT 1984 S11

CRIMINAL JUSTICE ACT 1951 S5

AG, PEOPLE V POYNING 1972 IR 402

CRAIES STATUTORY INTERPRETATION 6ED P66

ARCHBOLD CRIMINAL PLEADING EVIDENCE & PRACTICE 43ED V1 PARA 5.176

ARCHBOLD CRIMINAL PLEADING EVIDENCE & PRACTICE 43ED V1 PARA 5.178

CHILDRENS ACT 1908 S103

Synopsis:

CRIMINAL LAW

Sentence

Imprisonment - Duration - Conspiracy - False imprisonment - Robbery - Term of eight years - Co-conspirators - Disparity of sentences - Relevance - Duration of sentence to be determined regardless of fact that it would be a consecutive sentence - Criminal Justice Act, 1984, s. 11 - (20/86 - C.C.A. - 12/7/89)

|The People v. Healy|

STATUTORY INTERPRETATION

Conviction

Conviction - Sentence - Imprisonment - Duration - Co-conspirators - Disparity of sentences - Relevance - Consecutive sentence - (20/88 - C.C.A. - 12/7/89) - [1990] 1 I.R. 388

|The People v. Healy|

1

Judgment of the Court delivered the 12th day of July 1989 by McCarthy J.

2

Noel Healy, (the Applicant), John Curley, George Royale, Gerard Rodgers and Paul Harte were charged at the Circuit Court in Limerick with a series of offences arising from an elaborate conspiracy to carry out an armed hold-up of Mr. Duffy and his family at his home in Limerick, forcing Mr. Duffy to open his jewellery premises and thus carry out a large scale robbery. Efficient and comprehensive police action forestalled the plan. After the trial had commenced, the Applicant was re-arraigned and pleaded guilty to 2 counts on the indictment, conspiracy to commit false imprisonment and conspiracy to rob. He was sentenced by the President of the Circuit Court to a term of eight years imprisonment on each count, such sentences to be concurrent.

3

It is not argued that the sentence itself is disproportionate to the offences nor that there is any intrinsic error in principle. The contention is that the sentence is disproportionate to the sentence imposed on the co-conspirators who have been dealt with in the courts and that this is particularly so since the Applicant was the youngest of those involved and the only one to answer to his bail. It is convenient, therefore, to set out in tabular form certain details concerning each conspirator who has been sentenced:-

Accused

Counts

Sentence

Date

Noel Healy

1 and 2

8 years

15-12-1986

Paul Harte

2 and 8

2 years

17-10-1986

George Royale

2

2 years

4-5-1987

Gerard Rodgers

2 and 8

4 years

3-4-1989

4

The Court has read the...

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