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"Legal lacuna" stops court from changing sentence imposed on minor

Summary

The Court of Appeal ruled that it could not alter the sentence of a 20‑year‑old who had been sentenced as a minor to one year's detention in a children's centre for serious offences, because a "legal lacuna" in the Criminal Justice Act 1993 prevents re‑sentencing when the offender is no longer a child. The case involved a 17‑year‑old who crashed a stolen car into the Liffey, was chased by Gardaí, later assaulted an elderly man and stole his car. He was sentenced at Dublin Circuit Criminal Court to one year's detention, but the Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed the sentence was too light but found no legal means to re‑sentence him, citing that the 1993 Act's provisions could only apply to a child.

Who, what, where, when and why

What: Report matter: "Legal lacuna" stops court from changing sentence imposed on minor. Procedural stage: appeal

When:

• 2018-10-03 Publication

Why: The teenager was arrested after being taken from the water but later released on bail because there was no suitable place for him to stay. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Theft

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Read the original CNI report