Sentence imposed on Winston Irvine increased by the Court of Appeal

The Court of Appeal has increased the sentence imposed on Winston Irvine (50) in respect of a number of firearms and ammunition offences, after it was referred for consideration as unduly lenient by the Director of Public Prosecutions Stephen Herron. 

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. 

Following a referral from the the Director of Public Prosecutions on the ground that sentence was unduly lenient, the Court of Appeal has increased the sentence to five years imprisonment. 

A PPS spokesperson said: “While sentencing is a matter for the independent judiciary, the Director of Public Prosecutions has the power to refer certain 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 determined that there was a sufficient legal basis to refer the sentence to the Court of Appeal. We note the judgment of the Court of Appeal today.” 

ENDS

Notes to editors 

1. A statement published by the PPS on 1st June 2025 to address a number of factual inaccuracies published about this case is available on the PPS website.
2. 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.
3. 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.
4. 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.
5. More information on unduly lenient sentences can be found on the PPS website.