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Banned, uninsured roads offender caught with sword has custodial sentence overturned
Summary
Martin Stokes, a 32-year-old man from Clondalkin, Dublin, who was previously banned from driving and had no insurance, had his three-month jail sentence overturned on appeal. He was initially convicted of driving under the influence, driving without insurance, and possessing a sword, which led to a three-month custodial sentence and a five-year driving ban. Stokes' appeal highlighted his mental health issues and his support for his family. The judge, Christopher Callan, decided to suspend the sentence for two years, provided Stokes keeps the peace and avoids further legal trouble. The original disqualifications and fine remain in place. Sergeant Shay Leonard testified that Stokes was found with a sword in his vehicle and had a blood alcohol level of 171mg per 100ml. Stokes has 20 previous convictions, but his last offense was in 2017, and he has maintained a clean record since 2022.
Who, what, where, when and why
What: Report matter: Banned, uninsured roads offender caught with sword has custodial sentence overturned. Procedural stage: sentence. Findings: Convicted
When:
- January 21, 2022 Hearing Or Sentence
- 2026-01-13 Publication
Case subjects
Convicted Person
Finding: Convicted
Outcome: Convicted; Stokes later lodged an appeal against the severity of his sentence. The judge decided to fully suspend Stokes' three-month sentence for a period of two years on the condition that he keeps the peace, does not come to the attention of gardai and abides by his doctor's advice.
Places mentioned
- District Court Appeals Court
Topics
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