Courts / Dublin / Report
Judge says "serious questions to be asked" over failure of DPP to notify court that man committed new crime while on suspended sentence
Summary
Judge Mary Ellen Ring said that the Director of Public Prosecutions failed to inform the court that Mark Moran, 37, had committed a new crime while his previous suspended sentence was still active. Moran, who had been convicted in 2010 of possession of cannabis worth over €250,000 and sentenced to seven years with four years suspended, was released in October 2011. In December 2012 he pleaded guilty to possession of cocaine and cannabis for sale or supply in Clontarf, with an estimated drug value of €5,000. The DPP did not mention the active suspended sentence at the time of the new offence. Ring noted that under Section 99 of the 2006 Criminal Justice Act any new sentence must run consecutively to the suspended sentence, but she would not address the prosecutorial failure. Moran is currently in drug rehabilitation, remains free on bail, and will appear again in July for sentencing.
Who, what, where, when and why
What: Report matter: Judge says "serious questions to be asked" over failure of DPP to notify court that man committed new crime while on suspended sentence. Charges or matters: possession of cocaine and cannabis for sale or supply in Clontarf on December 16, 2012. Procedural stage: sentence
When:
- December 16, 2012 Incident
- March 2010 Incident
- October 2011 Incident
- 2015-03-19 Publication
Case subjects
Convicted Person
Charges: possession of cocaine and cannabis for sale or supply in Clontarf on December 16, 2012 (Admitted)
Plea: Guilty
Outcome: Today Judge Mary Ellen Ring said that no mention of Moran's active suspended sentence had been made by the DPP at the appropriate time in the case, and that she now had to act as though it was not active. Judge Ring said that there are "serious questions as to why provisions in legislation were not followed, but that is not for this court, it is for the prosecuting authorities." Under Section 99 of the 2006 Criminal Justice Act, any new sentence imposed for crimes committed while a suspended sentence is active must run consecutively to the suspended sentence.
Places mentioned
- Hollybrook Park
- Dublin
- Dublin Circuit Criminal Court
Topics
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