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IECCA 133 ECLI:IE:CCA:2008:133 AI generated

Court reduces suspended sentence from six to three years due to significant educational and psychological progress.

Case Number IECCA 133
Court / Authority
Jurisdiction Ireland (IE)
Decision Date
Outcome Partially Allowed
Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Criminal Appeal increased the sentence to six years but suspended the final three years based on new documentation. The respondent demonstrated significant progress in education and psychology, which the court deemed exceptional circumstances. Consequently, the court acceded to the submission to reduce the effective term to three years of imprisonment.

Legislator headnote

AI generated

Section 2 of the Criminal Justice Act, 1993; Where a substantial sentence is warranted by the value of seized drugs, significant progress in education and psychology may justify suspending the final portion of the term.

Keywords

AI generated
drug trafficking sentencing suspended sentence reduction exceptional circumstances psychological progress educational rehabilitation Criminal Justice Act 1993 Court of Criminal Appeal

Cited Legislation

AI generated
Section 2 of the Criminal Justice Act, 1993
IN THE MATTER OF SECTION 2 OF THE CRIMINAL JUSTICE ACT, 1993

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Full text

THE COURT OF CRIMINAL APPEAL

Kearns J.

Budd J.

Clark J.

[95 CJA/08]

IN THE MATTER OF SECTION 2 OF THE CRIMINAL JUSTICE ACT, 1993

BETWEEN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF THE PUBLIC PROSECUTIONS

APPLICANT

AND

DEREK LONG

RESPONDENT

JUDGMENT of the Court (ex tempore) delivered the 31st day of October, 2008 by Kearns J.

The Court is satisfied that this was certainly a case which warranted a substantial sentence having regard to the value of the drugs

seized. However, the Court also notes there are specific and exceptional circumstances of quite a significant nature in this case. All

of those are detailed in the judgment, which the Court has delivered and which were alluded to in the hearing of the main appeal in

this matter.

The Court has also this morning been handed some further documentation from the educational service to the prison, and indeed from

a psychologist, indicating that the respondent is making significant progress and for those reasons the Court is disposed to accede in

part certainly at least to Mr. Gillane’s submission.

The Court will increase the sentence in this case to six years but will suspend the last three years of the sentence in the unique

circumstances which arise.