Courts / Limerick / Report
DPP concerned over role of prosecution after appeal court judgements
Summary
The Court of Criminal Appeal heard the Director of Public Prosecutions' concerns about the role of prosecution counsel at sentencing after three significant judgments in March. Thomas O'Malley, counsel for the DPP, argued that the court's view of prosecution's role had changed following the judgments in the cases of Adam Fitzgibbon, Kieran Ryan and a man sentenced to life for raping his daughters. In Fitzgibbon's case, the appeal court had ruled that the sentencing judge had not considered whether Fitzgibbon's severe background and substance problems made the case outside the usual drink‑or‑drug excuse. The court would consider prison progress reports and submissions from both sides before setting a new sentence. In Ryan's case, the court gave guidance on appropriate sentence ranges for firearms offences and factors to consider. The life‑sentence case reinforced the prosecution's duty to draw the judge's attention to relevant sentencing guidance and to indicate the effect of mitigation arguments.
Who, what, where, when and why
What: Report matter: DPP concerned over role of prosecution after appeal court judgements. Procedural stage: appeal
When:
- March 18 Hearing Or Sentence
- 2014-05-26 Publication
Case subjects
Appellant
Outcome: He said the State had made a submission with regard to the sentence to be imposed on Adam Fitzgibbon, but proposed to make submissions of a more general nature regarding the prosecution role at the sentencing stage of a criminal trial. On the same day as judgement was returned in Fitzgibbon, Limerick man Kieran Ryan (29) successfully appealed against the severity of the eight-year sentence imposed on him for the possession of a handgun and ammunition.
Appellant
Outcome: Kieran Ryan (29) successfully appealed against the severity of the eight-year sentence imposed on him for the possession of a handgun and ammunition. Presiding judge Mr Justice Frank Clarke said the court required to hear both sides on the proper sentence to be imposed in the light of all the circumstances of the case, including any materials relevant to Mr Ryan's conduct in prison.
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