DPP v Kevin Lawlor

• Jurisdiction: Ireland
• Court: Court of Appeal (Ireland)
• Judge: Ms. Justice Isobel Kennedy
• Judgment Date: 19 October 2021
• Neutral Citation: [2021] IECA 281
• Docket Number: 237/20

Between/

The People at the Suit of the Director of Public Prosecutions

Respondent

and

Kevin Lawlor

Appellant

[2021] IECA 281

The President

Edwards J.

Kennedy J.

237/20

THE COURT OF APPEAL

Sentencing – Drug offence – Severity of sentence – Appellant seeking to appeal against sentence – Whether sentence was unduly severe

Facts: The appellant, Mr Lawlor, pleaded guilty in respect of an offence contrary to s. 15A of the Misuse of Drugs Act 1977, as amended. On the 19th November 2020, Cork City Circuit Court imposed on him a sentence of five years’ imprisonment, with one year suspended. He appealed to the Court of Appeal against severity of sentence. The grounds of appeal related to both the sentencing judge’s identification of seven years as the headline sentence, and the insufficient regard given to the appellant’s pleas of guilty, as well as to his assistance to the State in his cooperation and admissions. The appellant submitted that the quantity of drugs seized was at the lower end of the scale for offences under s. 15 of the 1977 Act, citing DPP v Sarsfield [2019] IECA 260; in that case, it was said that 10% of sentences for that offence received effective sentences of five years, with valuations of drugs seized ranging from €34,000 to €700,000. It was said that this survey indicated that the sentence in the instant case diverged significantly, and indicated a marked departure. The appellant argued that greater credit should have been given to him insofar as his admissions were concerned and in relation to the appellant’s pleas of guilty. DPP v Cambridge [2019] IECA 133 was cited, where it was stated that special weight should be attached to signed pleas, and a reduction of sentence in or about a third should be given as a result.

Held by the Court that there was material before the judge justifying a departure from the presumptive mandatory minimum sentence. The Court held that the value of the substance was but a factor to be considered in conjunction with the other aggravating factors. When the Court assessed those factors, it was entirely satisfied that the judge did not err in identifying a headline sentence of seven years. Insofar as it was said that the reduction for mitigation, in particular the signed pleas of guilty, was insufficient, the Court did not agree. The Court noted that the judge reduced the pre-mitigation sentence to five years and then proceeded to suspend the final year, leaving an actual custodial term of four years imprisonment. The Court was satisfied that such a reduction constituted generous credit and accorded with the jurisprudence of the Court.

The Court dismissed the appeal.

Appeal dismissed.

JUDGMENT of the Court (ex tempore) delivered on the on the 19th day of October 2021 by Ms. Justice Isobel Kennedy.

1 This is an appeal against severity of sentence imposed on the appellant in Cork City Circuit Court on the 19th November 2020. The appellant pleaded guilty and received a sentence of five years' imprisonment, with one year suspended, in respect of an offence contrary to section 15A of the Misuse of Drugs Act 1977, as amended.

Background

2 On the 7th June 2019, a warrant under s. 26 of the Misuse of Drugs Act 1977 was executed by Gardaí at 29 Shannon Lawn, Mayfield, Cork. The male occupant of the house was present when the property was entered, and, when Gardaí forcibly entered a downstairs room of the house they discovered a bag containing 21 bars of cannabis resin and 5,452 Alprazolam tablets (4,025 white, 1,427 blue). The total street value of the drugs was estimated at €22,982.

3 Evidence was adduced from Garda Tom Crowley. He testified that the appellant...