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Bail for man who was jailed last week as appeal court finds error in sentence
Summary
Derek Smith (33), of Holly Road, Donnycarney, was granted bail by the new Court of Appeal following a finding of error in his sentence. Smith had pleaded guilty at Dublin Circuit Criminal Court to demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013. He was sentenced on November 19, 2014, to three years imprisonment with the final 18 months suspended by Judge Mary Ellen Ring. Smith, represented by Ms Anne-Marie Lawlor BL, lodged an appeal against sentence on Monday, November 24, and his case was dealt with today during the appeal stage. Appeal Mr Justice Seán Ryan, who sat alongside Mr Justice Garrett Sheehan and Mr Justice George Birmingham, stated the trial judge had erred in principle and Smith was granted bail until the court imposes a new sentence. Smith was granted bail on his own bond of €100, ordered to keep the peace and be of good behaviour, and to attend court on the next date. The matter was adjourned.
Who, what, where, when and why
What: Report matter: Bail for man who was jailed last week as appeal court finds error in sentence. Charges or matters: demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013. Procedural stage: appeal
When:
- September 26, 2013 Hearing Or Sentence
- November 19 2014 Hearing Or Sentence
- Monday, November 24 Hearing Or Sentence
- November 10 Hearing Or Sentence
- 2014-11-27 Publication
Case subjects
Appellant
Outcome: Appeal Mr Justice Seán Ryan, who sat alongside Mr Justice Garrett Sheehan and Mr Justice George Birmingham, said the trial judge had erred in principle and Smith was granted bail until the court imposes a new sentence on him.
Appellant
Charges: demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013 (Admitted)
Plea: Guilty
Outcome: He was sentenced eight days ago on November 19 2014 to three years imprisonment with the final 18 months suspended by Judge Mary Ellen Ring. Smith, who was represented by Ms Anne-Marie Lawlor BL, lodged an appeal against sentence earlier this week on Monday, November 24 and his case was dealt with today by the new Court of Appeal.
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