Publication date:
The Director of Public Prosecutions Stephen Herron is to refer the sentence imposed on Winston Irvine (49) last month in respect of a number of firearms and ammunition offences to the Court of Appeal.
Irvine was sentenced on 20th May 2025 in Belfast Crown Court to a two year and six month custodial sentence after pleading guilty to a range of offences prosecuted under the Firearms (Northern Ireland) Order 2004.
A PPS spokesperson said: “While sentencing is a matter for the independent judiciary, the Director of Public Prosecutions does have the power to refer particular sentences to the Court of Appeal on the grounds that they may be unduly lenient.
"An unduly lenient sentence is one that falls outside the range of sentences that a judge, taking into consideration all relevant factors and having regard to sentencing guidance, could reasonably impose. The sentence must not just be lenient, but unduly lenient.
“After careful consideration of the sentence handed down in the case of Winston Irvine, including with the benefit of advices from independent Senior Counsel, we have determined that there is a sufficient legal basis to refer the sentence to the Court of Appeal.”
The PPS referral has been lodged with the Court of Appeal.
Consideration was also given to the sentence handed down to Irvine’s co-accused Adam Robinson Workman (54) who was sentenced to five years imprisonment. After careful consideration of the sentence handed down to this defendant, it was determined that there was no legal basis on which to refer it to the Court of Appeal as potentially unduly lenient.
ENDS
Notes to editors:
- A statement published by the PPS on 1st June 2025 to address a number of factual inaccuracies published about this case is available here.
- An application by the PPS to review a sentence must be made within 28 days from the day when the sentence was imposed. If the Court of Appeal agrees that the sentence was unduly lenient it may increase the sentence.
- The Court of Appeal has a wide discretion in deciding what to do. It will take into account any features which aggravate the offence and any features which mitigate the offence. The Court also takes account of the fact that the offender has been put through the sentencing process a second time.
- Where the Director does refer a sentence, the Court of Appeal will hold a hearing to review the sentence and decide whether to quash the sentence and replace it with one it considers more appropriate or decide that the sentence was within the range permitted and refuse the appeal.
- More information on unduly lenient sentences can be found on the PPS website here