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Man jailed for impeding murder investigation will not face higher sentence despite appeal by prosecutors
Summary
The Court of Appeal has dismissed an application by the Director of Public Prosecutions to review the sentence of Alan Harte, finding it was not unduly lenient. Harte, 34, had pleaded not guilty to the murder of his friend Peter Gunn in January 2009 but admitted assisting in the disposal of Gunn's body. A jury found him not guilty of murder but guilty of assisting in the disposal of the body. He was sentenced to six years' imprisonment, with the final three years suspended. The DPP argued the sentence was unduly lenient and sought to have the suspended portion removed, proposing Harte serve an additional year or 18 months. However, Mr Justice Garrett Sheehan, sitting with Justices Birmingham and Mahon, held that the trial judge had properly applied principles of proportionality and rehabilitation. The court noted that Harte was already under active probation supervision, making the proposed increase disproportionate. The appeal was unsuccessful, and the original sentence stands. Kastriot Boza, who was also involved in the disposal of the body, had previously received a six-year sentence with the final two years suspended, which was reduced by two years in a separate Court of Appeal hearing last November. Boza is currently in the witness protection programme.
Who, what, where, when and why
What: Report matter: Man jailed for impeding murder investigation will not face higher sentence despite appeal by prosecutors. Charges or matters: the murder of his friend Peter Gunn (29) at Phibsborough in the capital on January 4 2009 but admitted helping to dispose of his body at Dunsoughly Lane, The Ward. Procedural stage: appeal
When:
- January 4 2009 Hearing Or Sentence
- May 20 2014 Hearing Or Sentence
- January 15th, 2009 Hearing Or Sentence
- June 18 2014 Hearing Or Sentence
- 2015-04-24 Publication
Case subjects
Appellant
Charges: the murder of his friend Peter Gunn (29) at Phibsborough in the capital on January 4 2009 but admitted helping to dispose of his body at Dunsoughly Lane, The Ward (Alleged Or Contested)
Plea: Not guilty
Outcome: Harte was sentenced to six years imprisonment with the final three suspended by Mr Justice Patrick McCarthy on June 18 2014. The Director of Public Prosecutions unsuccessfully sought a review of Harte's sentence today on grounds that it was unduly lenient.
Defendant
Outcome: Boza (41), who is now in the witness protection programme, was sentenced to six years imprisonment with the final two suspended.
Places mentioned
- Dunsoughly Lane
- Dunsoghly Lane
- Parnell Street
- Central Criminal Court
- Court of Appeal
- Appeal's view
Topics
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