Court certifies appeal on whether sentencing courts can consider post-crime prior convictions.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe Court of Criminal Appeal quashed unduly lenient sentences and certified an appeal to the Supreme Court. The case involves a respondent whose prior convictions for crimes committed after the current offenses were considered by the sentencing judge. The court determined that this specific legal issue regarding the timing of such prior convictions warrants Supreme Court review.
Regesto Legislator
Generato dall'IAs. 3 of the Criminal Justice Act, 1993; Where sentences are brought to the attention of a court and are the subject of legal submissions, a sentencing court has a discretion to have regard to previous sentences imposed on the accused relating to offences committed by the accused after the commission of the crimes in issue but in respect of which he was sentenced prior to his sentencing for the crimes in issue.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
THE COURT OF CRIMINAL APPEAL
[C.C.A. No: 101CJA/06]
Denham J.
deValera J.
McGovern J.
In the matter of s.3 of the Criminal Justice Act, 1993
BETWEEN/
THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS
PROSECUTOR/APPLICANT
AND
DOMINIC DWYER
RESPONDENT
Ruling of the Court delivered by Denham J. on the 21st day of March, 2007
1. On the 2nd day of February, 2007 this Court gave judgment on an application by the Director of Public Prosecutions, pursuant to s.
2 of the Criminal Justice Act, 1993, for an order reviewing the sentences imposed on Dominic Dwyer, the respondent, by His Honour
Judge Con Murphy, a judge of the Circuit Court, at Ennis Criminal Court, on the 3rd day of May, 2006.
2. This Court determined that the sentences were unduly lenient and ordered that they be quashed. The Court then imposed a
sentence of two years imprisonment on each count, to run concurrently, and to date from 3rd May, 2006. The Court was aware that
the respondent had not been in custody, but in the circumstances of the case, in the interest of justice, ordered that the sentence
run from 3rd May, 2006.
3. An application was brought subsequently, pursuant to s. 3 of the Criminal Justice Act, 1993, for a certificate to appeal to the
Supreme Court on the ground that the determination involves a point of law of exceptional public importance and that it is desirable in
the public interest that an appeal should be taken to the Supreme Court.
4. The Court has determined that the case does involve a point of law of exceptional public importance and that it is desirable in the
public interest that an appeal be taken to the Supreme Court. The point of law certified is:
"Where such sentences are brought to the attention of a court and are the subject of legal submissions, does a
sentencing court have a discretion to have regard to previous sentences imposed on the accused relating to offences
committed by the accused after the commission of the crimes in issue but in respect of which he was sentenced prior to
his sentencing for the crimes in issue."