John Gilligan, who was serving a 28-year sentence in prison for drugs offences, has had his sentence reduced by the Court of Criminal Appeal to 20 years.
In its judgement the court said it was concerned the Special Criminal Court appeared to have "erred in principle", when sentencing Gilligan in March 2001, "in not restricting itself to the individual charges which were proved".
It added that the language of the judgement of the Special Criminal Court when sentencing Gilligan in 2001 "would certainly seem to imply that the court [Special criminal Court] had overstepped the line between considering surrounding circumstances and in effect sentencing for criminal activities of which the applicant had not been convicted".
After the ruling was delivered, Gilligan's counsel Mr Michael O'Higgins SC sought an application under Section 29 of the Courts of Justice Act, 1924, a provision which allows it to certify a point of law of exceptional public importance to be decided by the Supreme Court.
Mr Justice Brian McCracken said the application will be heard on Wednesday, December 3rd.
Gilligan was originally sentenced to a total of 28 years for 11 drug-related offences of importation and possession of cannabis for the purpose of sale and supply between July 1994 and October 1996. He was acquitted on charges of murdering journalist Veronica Guerin and of firearms charges.
In August, Gilligan lost his appeal against conviction by the three-judge Special Criminal Court of having possessed drugs for supply to a drugs gang.
But the Court of Criminal Appeal, while affirming the conviction on the possession and supply charges, held it would be unsafe to find that Gilligan had been the leader of "the so-called gang".
In the appeal against the severity of the sentence, heard last week, Mr Michael O'Higgins SC, for Gilligan, contended the 28-year sentence was "grossly excessive", disproportionate and imposed "for motives improper in law". He also argued it undermines public confidence in the administration of justice.
John Gilligan was in the Court of Criminal Appeal today to hear the ruling.
If he were to serve the full term of his 20-year sentence, Gilligan would not be released until 2016 as his sentence was originally backdated to October, 6th, 1996.
Following the completion of that sentence, Gilligan will have to serve a five-year sentence following last year's conviction for threatening to kill two prison officers and their families while in Portlaoise.
