BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Irish Court of Criminal Appeal
You are here: BAILII >> Databases >> Irish Court of Criminal Appeal >> D.P.P.-v- Dominic Dwyer (Section 3 application) [2007] IECCA 9 (21 March 2007)
URL: http://www.bailii.org/ie/cases/IECCA/2007/C9.html
Cite as: [2007] IECCA 9

[New search] [Help]

Judgment Title: D.P.P.-v- Dominic Dwyer - Section 3 application

Neutral Citation: [2007] IECCA 9


Court of Criminal Appeal Record Number: 101CJA/06

Date of Delivery: 21 March 2007

Court: Court of Criminal Appeal


Composition of Court: Denham J., deValera J., McGovern J.

Judgment by: Denham J.

Status of Judgment: Approved

Judgments by
Result
Denham J.
Grant application pursuant to Sect 3 CJA 1993


Outcome: Grant Sect 3 application



- 2 -

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."

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/ie/cases/IECCA/2007/C9.html