Courts / Limerick / Report
"Time and tide wait for no man" and "neither do the courts," court veteran told
Summary
The Court of Appeal has dismissed an appeal by Mervin White, upholding a High Court decision that validated his sentencing in absentia for driving offences. White, described as a recovering drug addict and a 'veteran of the criminal justice system' with 35 previous convictions, pleaded guilty in the District Court on October 1, 2014, to drunk driving, dangerous driving, driving without insurance, and driving without a licence. Sentencing was adjourned twice due to family emergencies, including his partner's childbirth and his sister's illness. When White failed to appear for the final hearing on December 10, 2014, District Judge Ann Watkin sentenced him to two months in prison. White challenged this via judicial review, arguing that his absence allowed him to present evidence of his recovery progress, which might have resulted in community service. The High Court dismissed this claim, noting that 'neither do the courts' wait for individuals. The three-judge Court of Appeal, led by Mr Justice John Hedigan, found that the District Judge made every effort to ensure his attendance and was entitled to conclude he consciously absented himself. The appeal was dismissed. A warrant committing White to prison for two months was stayed until July 31 to allow time for a potential Supreme Court appeal. The court also noted White's fear of imprisonment in Mountjoy Prison, drawing the Prison Service's attention to this concern.
Who, what, where, when and why
What: Report matter: "Time and tide wait for no man" and "neither do the courts," court veteran told. Procedural stage: appeal
When:
- October 1, 2014 Adjournment
- October 29, 2014 Adjournment
- December 10 Adjournment
- July 31 Hearing Or Sentence
- 2017-06-15 Publication
Why: Sentencing was adjourned again to the following month when the court was told that Mr White was unable to attend because his sister was seriously ill. CNI source report
Case subjects
Defendant
Plea: Guilty
Outcome: A recovering drug addict, Mr White's particular grievance was that if the District Judge had waited to hear from him in person, he would have apprised her of his good progress in terms of recovery which might have led to him being considered a candidate for community service.; Sentencing had been adjourned to October 29, 2014, when the District Court was told that Mr White's partner was having a baby and he could not attend.
Places mentioned
Topics
Drugs Road Traffic Stage Appeal
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