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 admitt