Courts / Dublin / Report
Cases dropped after High Court ruling on sentencing law
Summary
In 2016 the High Court ruled that parts of Section 99 of the Criminal Justice Act 2006 were unconstitutional, meaning courts could no longer activate suspended sentences when a person re‑offended. As a result, the State asked for "no order" in two cases. Sonia Eglington, 23, had been sentenced in 2013 to four years with two suspended for falsely imprisoning a recruitment agency owner and later stealing from a church box. She was released from prison last year and was due to have her suspended sentence activated, but the High Court ruling prevented it. A second case involved Karl O'Brien, 21, who had been sentenced in 2013 to four years with two suspended for mugging a UCD student. He had also been convicted of other offences in 2015 and was out on a suspended sentence when he stole from a shop. Karl O'Brien pleaded guilty.
Who, what, where, when and why
What: Report matter: Cases dropped after High Court ruling on sentencing law. Charges or matters: falsely imprisoning Ms Harrison at Harcourt Street on July 18, 2013; the robbery of Barry O'Sullivan on Dame Street on September 18, 2011; offences, including a minor assault and theft, committed in January 2015. Procedural stage: sentence
When:
- July 18, 2013 Hearing Or Sentence
- March 2013 Hearing Or Sentence
- September 18, 2011 Incident
- January 2015 Adjournment
- 2016-04-20 Publication
Why: A homeless man who was out on a suspended sentence when he stole from a shop also had his case dismissed because of the ruling. CNI source report
Case subjects
Defendant
Charges: the robbery of Barry O'Sullivan on Dame Street on September 18, 2011; offences, including a minor assault and theft, committed in January 2015 (Admitted)
Plea: Guilty
Outcome: O'Brien was in custody but was released as a result of the inability to re-activate the suspended sentence.; The District Court remanded O'Brien to the next sitting of the Circuit Court because he was serving a suspended sentence from that court.
Background Person
Charges: falsely imprisoning Ms Harrison at Harcourt Street on July 18, 2013; the robbery of Barry O'Sullivan on Dame Street on September 18, 2011; offences, including a minor assault and theft, committed in January 2015 (Admitted)
Plea: Guilty
Outcome: Sonia Eglington (23) was sentenced to four years in prison with two suspended in 2013 for falsely imprisoning a recruitment agency owner in their office while she looted the premises. As a result Eglington was sent back to Dublin Circuit Criminal Court to have her suspended sentence activated.; The District Court remanded O'Brien to the next sitting of the Circuit Court because he was serving a suspended sentence from that court.
Places mentioned
- Tuesday's High Court
- Dublin
- Dublin Circuit Criminal Court
- Harcourt Street
- High Court
- Dublin District Court
- The District Court
- Back Lane
- Dublin
- Dame Street
Topics
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