The King v Francis Devlin

JurisdictionNorthern Ireland
JudgeKeegan LCJ
Judgment Date10 November 2023
Neutral Citation[2023] NICA 71
CourtCourt of Appeal (Northern Ireland)
1
Neutral Citation No: [2023] NICA 71
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12315
ICOS No: 18/123057/A01
Delivered: 10/11/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE CROWN COURT SITTING AT BELFAST
___________
THE KING
v
FRANCIS DEVLIN
___________
Mr Brendan Kelly KC with Mr Stephen Toal (instructed by KRW Law Solicitors) for the
Applicant
Mr Liam McCollum KC with Mr Samuel Magee KC (instructed by the PPS) for the
Respondent
___________
Before: Keegan LCJ, McCloskey LJ and Kinney J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] This is a renewed application for leave to appeal a custodial sentence of four
years’ imprisonment split equally between custody and licence imposed on 13 June
2023 by Mr Justice Fowler (“the judge”) in relation to four counts of conspiracy to
cheat the public revenue. On 26 June 2023 the single judge, McFarland J, refused leave.
[2] The sole issue on appeal relates to the impact of imprisonment on the
applicant’s son, and whether the admitted adverse impact of this should result in a
suspended sentence. This question has been addressed in a decision of the Court of
Appeal in England & Wales of R v Petherick [2012] EWCA Crim 2214, which we will
discuss in this judgment.
Factual Background

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