DPP v Mervin White

• Jurisdiction: Ireland
• Judge: Denham J.
• Judgment Date: 09 November 2009
• Neutral Citation: [2009] IECCA 126
• Court: Court of Criminal Appeal
• Date: 09 November 2009

[2009] IECCA 126

THE COURT OF CRIMINAL APPEAL

Denham J.

Herbert J.

Clarke J.

[C.C.A. No: 124/2008]

DPP v White

[2009] IECCA 126

Between/

Director of Public Prosecutions

Respondent

and

Mervin White

Appellant

CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001 S14

CRIMINAL LAW ACT 1997 S7(2)

CRIMINAL JUSTICE (THEFT & FRAUD OFFENCES) ACT 2001 S13

CRIMINAL JUSTICE ACT 1984 S11

CRIMINAL JUSTICE ACT 1984 S11(1)

DPP v YUSUF 2008 4 IR 204 2008/21/4689 2008 IECCA 37

CRIMINAL LAW

Sentence

Severity - Consecutive sentences - Multiple theft and fraud offences - Significant violence threatened - Interpretation of provisions of statute - Whether error in principle in interpretation - Whether trial judge erred in principle - Whether consecutive sentences appropriate - People (DPP) v Yusuf [2008] IECCA 37 [2008] 4 IR 204 applied - Criminal Justice (Theft and Fraud Offences) Act 2001 (No 50), ss 13 and 14 - Criminal Justice Act 1984 (No 22) ss 11 - Appeal allowed, sentence reduced with conditions (124/2008 - CCA - 9/11/2009) [2009] IECCA 126

People (DPP) v White

Facts The appellant was sentenced to a total of 13 years imprisonment with last three years suspended for robbery related offences and destruction of evidence. There was significant violence involved in the crimes except the destruction of evidence. The sentences imposed for the charges ran consecutively. The appeal turned on the interpretation of section 11 (1) of the Criminal Justice Act, 1984 on whether consecutive sentences apply to every offence committed while on bail.

Held by the Court of Criminal Appeal (Denham J; Herbert and Clarke JJ) in finding the trial judge erred in principle in the interpretation of the section. The trial judge imposed consecutive sentences on each offence. The court amended the sentences to a total of 10 years.

People (DPP) v Yusuf [2004] 4 IR 204 referred to.

Reporter: BD

1 9th day of November, 2009, by Denham J.

Denham J.

2 1. This is an application for leave to appeal by Mervin White, the applicant, referred to in this judgment as "the applicant", against the severity of sentence.

3 2. The applicant was sentenced to thirteen years imprisonment, with the final three years suspended by the Dublin Circuit (Criminal) Court on the 20 ^th December, 2007.

4 3. There were six criminal incidents, being four robberies, one aggravated burglary and one incident of destroying evidence. These offences took place in 2006. There were six separate bills:-

5 (i) 1277/2006 - an offence of robbery contrary to s.14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, at Maxworth Supermarket in Corduff on the 27 ^th May, 2006.

6 (ii) 362/2007 - an offence of destroying evidence, contrary to s.7(2) of the Criminal Law Act, 1997, on the 20 ^th August, 2006.

7 (iii) 84/2007 - an offence of aggravated burglary, contrary to s. 13 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, at Mulhuddart on the 21 ^st August, 2006.

8 (iv) 941/2007 - an offence of robbery, contrary to s.14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, at Movies 4 U 2 C on the 3 ^rd September, 2006.

9 (v) 254/2007 - two offences of robbery, contrary to s. 14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, in the context of the same incident at Superquinn, Tyrellstown on the 12 ^th September, 2006.

10 (vi) 119/2007 - an offence of robbery contrary to s.14 of the Criminal Justice (Theft and Fraud Offences) Act, 2001, and a contemporaneous offence of production of a knife at Molloy's Liquor, Clonsilla, on the 6 ^th October, 2006.

11 4. The applicant was sentenced on the 20 ^th December, 2007, on the six bills as follows:-

12 (i) 1277/2006 - 3 years imprisonment

13 (ii) 362/2007 - 1 year imprisonment consecutive to Bill No. 1277/2006

14 (iii) 84/2007 - 4 years imprisonment consecutive to Bill No. 1277/2006

15 (iv) 941/2007 - 3 years imprisonment consecutive to Bill No. 84/2007

16 (v) 254/2007 - (on both counts) 3 years imprisonment consecutive to Bill No. 84/2007 with 2 years suspended on condition

17 (vi) 119/2007 - 3 years imprisonment consecutive to Bill No. 254/2007 and suspended in full for 5 years, on conditions.

18 5. Evidence was given by members of An Garda Síochána in relation to each bill. There was significant violence threatened in all except the count relating to the destruction of evidence.

19 6. The case raises the issue of consecutive sentences under s.11 of the Criminal...