Courts / Louth / Report
Gang leader wasn't imprisoned day longer than necessary
Summary
In a 2020 Court of Appeal decision, the appeal of Cornelius Price, a 38‑year‑old former gang leader from Drogheda, was dismissed. Price had been released from Wheatfield Prison on 18 May 2019 after serving three‑quarters of a three‑year sentence, with a quarter remission calculated by days. He argued that a month‑based calculation would have released him 24 hours earlier, on 17 May 2019. The court upheld the High Court's earlier ruling that the IPS's day‑based method is logical, consistent and fair, and that a month‑based approach would create ambiguity and unfairness. Justice Maire Whelan, joined by Justices George Birmingham and Isobel Kennedy, found Price's detention for the disputed 24‑hour period lawful and dismissed the appeal. Price had been convicted in 2017 for recklessly endangering a Garda during a high‑speed incident in 2014.
Who, what, where, when and why
What: Report matter: Gang leader wasn't imprisoned day longer than necessary. Procedural stage: appeal. Findings: Convicted
When:
- May 2019 Hearing Or Sentence
- February 2017 Incident
- January 22, 2014 Incident
- February 17, 2017 Hearing Or Sentence
- May 18, 2019 Hearing Or Sentence
- May 17, 2019 Other
- 2020-12-08 Publication
Why: The charge related to an incident at Balbriggan garda station on January 22, 2014 during which Price drove a van at high speed at Garda Gary Dillane which forced him to jump out of its path in order to escape serious injury. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Upholding the High Court's decision today, Ms Justice Maire Whelan said the method of calculation of Price's standard remission was correct and to recalibrate a sentence imposed in years to one given in terms of months rather than days was "contrary to logic, risks ambiguities and anomalous circumstances, and, more importantly, carries inbuilt elements of unfairness, capriciousness and chance", which risk undermining morale and certainty within the prison population. In a judgement returned electronically today, Ms Justice Whelan said to recalibrate a sentence imposed in terms of years to one given in terms of calendar months rather than days for the purpose of the calculation of standard remission "would introduce an unjustified element of ambiguity and generate unwarranted anomalies and inconsistencies".
Places mentioned
- Court of Appeal
- High Court
- Dublin
- Dublin Circuit Criminal Court
- Wheatfield Prison
- Rockleigh House
- an incident at Balbriggan garda station
- Balbriggan
Topics
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