Report on Mandatory Sentences - Law Reform Commission

injury. 66 An admission voluntarily given will merit more credit than an admission where the accused has
been caught red-handed. 67
4.39 Similarly, information which facilitates the investigation or prosecution of an offence may
constitute material assistance. 68 Information regarding those in charge of the operation is particularly
sought after. 69 However, the courts seem to have grown more sympathetic towards those who feel that
they cannot provide information for fear of retribution. 70
(iii)
Any Matters the Court considers Appropriate
4.40 Section 27(3D)(b) 71 of the Misuse of Drugs Act 1977, as amended, also provides that the court
may have regard to “any matters it considers appropriate”. While these matters have not been
exhaustively defined in the legislation or elsewhere, there are a number of matters to which the courts’
attention has been frequently drawn. These matters may be divided into two categories: (a) those that
mitigate the seriousness of the offence, and (b) those that mitigate the severity of the sentence.
4.41 The matters that mitigate the seriousness of the offence include those relating to culpability
(duress, capacity), harm (type, quantity and value of the controlled drugs) and offender behaviour (level of
involvement). The fact that an offender was coerced into carrying or holding drugs may be considered an
exceptional and specific circumstance. 72 Similarly, the fact that an offender suffers from an intellectual
disability, has low intelligence, or is simply gullible and naive, may constitute an exceptional and specific
circumstance. 73 Whereas the courts may only have limited regard to the type of controlled drug
involved, 74 the courts must consider the value and quantity. 75 Finally, the fact that an offender had a low
level of involvement in the commission of an offence may be considered an exceptional and specific
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The People (DPP) v Coles [2009] IECCA 144.
The People (DPP) v McGrane [2010] IECCA 8.
The People (DPP) v Delaney [2010] IECCA 57; and The People (DPP) v Galligan Court of Criminal Appeal 23
July 2003.
The People (DPP) v Renald Court of Criminal Appeal 23 November 2001; The People (DPP) v Rossi and
Hellewell Court of Criminal Appeal 18 November 2002; and The People (DPP) v Henry Court of Criminal
Appeal 15 May 2002.
The People (DPP) v Anderson [2010] IECCA 46.
Formerly, section 27(3C).
The People (DPP) v Kirwan [2010] IECCA 43; The People (DPP) v Spratt [2007] IECCA 123; and The People
(DPP) v Farrell [2010] IECCA 116.
The People (DPP) v Alexiou [2003] 3 IR 513; The People (DPP) v Sweeney Court of Criminal Appeal 12
March 2009; and The People (DPP) v Malric [2011] IECCA 99.
The People (DPP) v Renald Court of Criminal Appeal 23 November 2001; The People (DPP) v Farrell [2010]
IECCA 116; The People (DPP) v Nelson Court of Criminal Appeal 31 July 2008; The People (DPP) v Long
[2008] IECCA 133; The People (DPP) v Long [2006] IECCA 49; and The People (DPP) v Gilligan (No 2)
[2004] 3 IR 87 at 92.
The People (DPP) v Long [2008] IECCA 133.
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