DPP v McGrane

• Jurisdiction: Ireland
• Judge: by Finnegan J.
• Judgment Date: 08 February 2010
• Neutral Citation: [2010] IECCA 8
• Court: Court of Criminal Appeal
• Date: 08 February 2010

[2010] IECCA 8

COURT OF CRIMINAL APPEAL

Finnegan J.

Budd J.

O'Keeffe J.

60CJA/09

DPP v MCGRANE

IN THE MATTER OF SECTION 2 CRIMINAL JUSTICE ACT 1993

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLICPROSECUTIONS)

.v.

JOHN McGRANE

RESPONDENT

CRIMINAL JUSTICE ACT 1993 S2

MISUSE OF DRUGS ACT 1977 S15A

CRIMINAL LAW

Sentence

Undue leniency - Special and exceptional circumstances - Correctness of approach to sentencing - Whether any error in principle -Whether sentence so light as to be unduly lenient - Criminal Justice Act 1993 (No 6), s 2 - Misuse of Drugs Act 1977 (No 12), s 15A - Application to review sentence refused (60CJA/09 - CCA - 8/2/2010) [2010] IECCA 8

People (DPP) v McGrane

Facts The applicant pleaded guilty to possession of drugs for sale or supply which had a value of €1.6m. The respondent was caught following a surveillance operation. The drugs were in his van and he was to be paid €400 for moving them. He pleaded guilty early & was co-operative with Gardai. It was a very serious offence however the trial judge considered the circumstances of an early guilty plea combined with disclosure of information in relation to others involved. He was sentenced to 8 years. DPP appealed.

Held by the Court of Criminal Appeal (Finnegan J; Budd and O'Keeffee JJ) in declining the appeal:

The court has to look at the individual as well as the offence.

The trial judge did give weight to the seriousness of the offence in considering the sentence. He placed the offence at the lower end of the range.

The trial judge was entitled to credit the respondent's co-operation with the Gardai.

Reporter: BD

1 Judgment of the Court (ex tempore) delivered on the 8th February 2010 by Finnegan J.

2 This is an application by the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993. The respondent pleaded guilty to count 1 on the indictment of possession for sale or supply of a controlled drug, contrary to section 15A of the Misuse of Drugs Act 1977 as amended, at Outer Ring Road, Clondalkin. On the date in question he was found in possession of diamorphine, in weight 7.58 kilograms with a market value of €1.6 million. This was as a result of a Garda surveillance operation. He was driving a van. The van was stopped at about seven o'clock on the evening in question. The van was searched and heroin was found. He was co-operative with the Gardai. He indicated that the drugs were in the van. He told the Gardai he was getting €400 for the run which would help pay for his van and his children. At interview he made full and frank admissions as to his involvement. This is described by counsel for the respondent as material co-operation. It is material co-operation but the court must be careful. One gets the maximum discount for a plea of guilty where there is an early indication of a plea and that normally entails cooperation with the Gardai from an early stage. It does not necessarily mean that in any case where early co-operation results in a plea of guilty that something more than the normal discount for the early plea should result. There will be circumstances where co-operation with the Gardai merits a considerable separate and additional discount, where for example the co-operation entails disclosure of information in relation to others involved and so may entail a risk to life, but at first sight certainly this is not one of those cases.

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