Courts / Laois / Report
"Issue" arises following judgement on revocation of suspended sentences, High Court told
Summary
The High Court has adjourned several prisoner applications pending clarification of orders following Mr Justice Michael Moriarty's judgment declaring provisions of Section 99 of the Criminal Justice Act 2006 unconstitutional. Mr Justice Seamus Noonan adjourned an Article 40 challenge by an unnamed man who pleaded guilty to road traffic offences, receiving a five-month sentence and a 30-year driving ban. This man, originally sentenced in 2010 to eight years for robbery and firearms charges with seven suspended, had his suspension activated in November 2014. The State argued he is validly detained as he did not appeal the road traffic convictions. In a separate case, Mr Justice Noonan adjourned a judicial review challenge by another unnamed man who pleaded guilty to offences under the Criminal Justice (Theft and Fraud Offences) Act. His 11-month suspended sentence, part of a two-year term for drug offences, was revoked by the District Court on April 14th last, resulting in his jailing. He remains in custody pending his appeal due to inability to provide bail lodgement. A third prisoner's Article 40 application was also adjourned. These delays await final orders from Mr Justice Moriarty, originally due May 5th, which will now be addressed next Wednesday to clarify the scope of the unconstitutionality ruling.
Who, what, where, when and why
What: Report matter: "Issue" arises following judgement on revocation of suspended sentences, High Court told. Charges or matters: road traffic offences for which he received a five month sentence and 30 year driving ban; different offences under the Criminal Justice (Theft and Fraud Offences) Act, which lead to his 11 month suspension being revoked by the District Court on April 14th last and his been jailed. Procedural stage: appeal
When:
- May 5th Adjournment
- January 2014 Adjournment
- November 2014 Hearing Or Sentence
- April 14th Hearing Or Sentence
- 2016-04-22 Publication
Why: Because he could not raise the necessary cash lodgement for bail pending his appeal against the District Court's orders, he remains in custody. CNI source report
Case subjects
Appellant
Charges: road traffic offences for which he received a five month sentence and 30 year driving ban; different offences under the Criminal Justice (Theft and Fraud Offences) Act, which lead to his 11 month suspension being revoked by the District Court on April 14th last and his been jailed (Admitted)
Plea: Guilty
Outcome: That prisoner was sentenced in 2010 to eight years imprisonment, seven of which were suspended, on robbery and firearms charges. The suspension was activated in November 2014 and the man was jailed after he pleaded guilty at Dublin District Court to road traffic offences for which he received a five month sentence and 30 year driving ban.; He was released having served the two year custodial term but again remanded in custody earlier this month, for the purposes of activating the suspended 12 months, after admitting a different offence under the Domestic Violence Act.
Places mentioned
- High Court
- Dublin
- Dublin District Court
- Portlaoise
- Portlaoise Prison
- Mountjoy
- Mountjoy Prison
Topics
Drugs Fraud Road Traffic Stage Appeal Theft
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