Courts / Ireland / Report

High Court quashes suspended prison sentences imposed on teenager

Date
2021-11-09
Stage
Appeal

Summary

The High Court quashed two suspended prison sentences that had been imposed on a 17‑year‑old boy who admitted stealing electrical goods worth about €400 from a supermarket in the West of Ireland. The sentences, each four months of imprisonment, were to run consecutively and were suspended for two years. The Director of Public Prosecutions, represented by Niall Nolan BL, argued that the sentences were unlawful because the boy is a minor under the 2001 Children Act, and that a minor may be sentenced to detention but not to imprisonment, and that a 2017 Court of Appeal decision bars suspended sentences for minors. Mr Justice Anthony Barr agreed to quash both sentences and remitted the case back to the District Court for new sentencing. The boy, who will turn 18 next year, was the respondent in the proceedings. The unnamed 17-year-old pleaded guilty.

Who, what, where, when and why

What: Report matter: High Court quashes suspended prison sentences imposed on teenager. Charges or matters: two counts of theft of items from a supermarket in a town in the West of Ireland before a sitting of the local District Court. Procedural stage: appeal

When:

Case subjects

Unnamed 17-year-old

Defendant

Charges: two counts of theft of items from a supermarket in a town in the West of Ireland before a sitting of the local District Court (Admitted)

Plea: Guilty

Outcome: The High Court has quashed suspended prison sentences imposed on a 17-year-old boy who admitted stealing electrical goods worth approximately €400 from a shop. In addition counsel said that arising out of a 2017 decision of the Court of Appeal, suspended sentences cannot be lawfully imposed on minors.

Places mentioned

Court Venue
  • The High Court
  • In High Court
  • Court of Appeal

Topics

Stage Appeal Theft

Read the original CNI report

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