Courts / Carlow / Report
Commencement issue with sentences consecutive to those under appeal comes before appeal court
Summary
The Court of Appeal has reserved judgment on whether a consecutive sentence can commence earlier when the sentence it follows is under appeal. The case involves a man convicted in Carlow District Court of assault causing harm in January 2016 and sentenced to nine months imprisonment. In April 2016, while still in custody for that sentence, he was convicted in Athlone District Court of driving without insurance and sentenced to three months imprisonment consecutive to the Carlow sentence. He appealed the first sentence and was released on his own bond, but remains in custody under the second sentence, which he argues is illegal because the warrant states the three‑month sentence should only take effect after the nine‑month sentence has legally expired, which is pending appeal. His lawyers filed an Article 40 application for immediate release; Mr Justice Michael White upheld the detention, stating the three‑month sentence was "certain" and must be served unless appealed.
Who, what, where, when and why
What: Report matter: Commencement issue with sentences consecutive to those under appeal comes before appeal court. Procedural stage: appeal. Findings: Convicted
When:
- January 2016 Incident
- April 2016 Incident
- 2016-06-10 Publication
Why: The man then appealed the first sentence and recognisance was fixed in his own bond but continues to be held on foot of the second sentence, a detention he contends is illegal because, according to the warrant, the consecutive three month sentence could only take effect upon the legal expiration of the nine-month sentence – which is pending appeal. CNI source report
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; The case concerns a man who was convicted at Carlow District Court of assault causing harm following a contested trial in January 2016 and who was sentenced to nine months imprisonment. Also, if the judge who deals with the District Court appeal imposed a suspended sentence, the three month sentence would never be served.; The Court of Appeal has reserved judgment on whether the commencement of a consecutive sentence can be brought forward when the sentence it was made consecutive to is under appeal.
Places mentioned
- Midlands Prison
Topics
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