Contrasting 15A decisions in the CCA

johnnyskeleton

Article in this morning's Irish Times:

http://www.irishtimes.com/newspaper/ireland/2011/1024/1224306385437.html

Two very similarly placed people, one in Dublin, the other in Cork, got the full whack of the presumptive minimum of 10 years. The other got a 6 year suspended sentence.

Both pleaded guilty, had no significant previous and co-operated in interview. The first was a drug addict, but the second was not. Both had glowing references in relation to their personal life and character. The Gardai in the second case accepted that he was at the lowest possible risk of reoffending.

What is even more baffling is that while the 10 year sentence was reduced to 7 years, the other was not interfered with at all.

Perhaps the admission that the second was at the lowest possible risk of reoffending made the difference between 6 years to be served and 6 years suspended. Perhaps there is something that was disclosed to the CCA but does not make it into the Irish Times.

How does this affect solicitors and barristers dealing with cases? It must be very difficult to explain to an accused person walking into court that they could get 10 years or they could get a suspended sentence.

There is a suggestion that sentencing guideline principles would be appropriate and seeing these two cases, it is kind of hard not to agree.

It could also be that if you commit certain types of offence in one part of the country you will be punished more severely than if you commit it in another part.

ResearchWill

While I understand why it would seem this does not add up, a few important points.

The guy who got the 10 years, had previous while minor, it would seem for drugs. He was not given bail as the article mentions he was held on remand. He was arrested in June 2007 and sentenced in June 2008. The article is October 24th 2011 and said the cases are recent. So say June 2011. At that stage he had spent 4 years inside. Again I am assuming no bail pending appeal, as that is very difficult to get. He was then given 7 years with last 2 suspended so 5 year sentence, with time off for good behaviour he would only have to serve 4 years. So he more than likely left prison within a very short time of decision.

The second guy the opinion of low risk would have influenced the Judge, and the fact the Judge Moran has been on the Bench for years, he is I believe the 3rd longest serving Judge of the Circuit Court, it was as the Court said difficult to overturn him.

The first case decision is here http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/a482ea9e34ba8af980257927004900df?OpenDocument it was given the 29th July 2011. I have not read it myself yet but will do when I have time.

Second case here http://www.courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/819c9c5e5b0fdce8802579270047e253?OpenDocument. Given the same day, again have not read it yet.

MagicSean

http://www.rte.ie/news/2010/0304/drugs.html

This case was up in the Circuit Court last week. One of them got 13 years, the other 6 years.