R v Deery
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1977 |
| Date | 01 January 1977 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Firearms -Penalty - Increase in statutory penalty between date of offence and date of trial - Whether increase retrospective - Firearms Act (Northern Ireland), 1969 (c. 12), s. 19A - Firearms (Amendment) (Northern Ireland) Order, 1976 (S.I. No. 1341). Article 3.
The appellant was convicted in January, 1977 of two offences under the Firearms Act (Northern Ireland), 1969, which were committed in April, 1976. In August, 1976 the maximum penalty for these offences was increased from five to ten years' imprisonment. The trial judge Held that the increased penalties applied to the appellant's offences and imposed a sentence of six years' imprisonment for each offence. The appellant appealed to the Court of Criminal Appeal. Held that the increased penalties were not applicable to the appellant's offences. Article 3 of the Firearms (Amendment) (Northern Ireland) Order, 1976 is ambiguous in that it does not clearly state whether it applies to all offences whenever committed, or only to offences committed after August, 1976. Consequently it should be construed as not having retrospective effect and so avoiding a breach by the Government of its international obligation under Article 7 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Director of Public Prosecutions v. LambELR [1941] 2 K.B. 89, Buckman v. ButtonELR [1943] K.B. 405 and R. v. OliverELR [1944] K.B. 68 disapproved. (Per Lowry L.C.J.) 1. There is a presumption that the law is not retrospective. 2. This presumption does not apply to procedure (including criminal procedure) but it does apply strongly to a law creating an offence or increasing the penalty for an existing...
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