The Court of Appeal has allowed an appeal against the full activation of a five-year prison sentence, suspending its final two and a half years on the usual terms.
The court found that the Circuit Court judge had not adequately considered whether to activate only part of the sentence. It said the judge briefly mentioned partial activation at a short hearing but immediately rejected it. The appeal was allowed on that basis.
The sentence arose from a cannabis offence committed on 6 August 2013. Raymond Cummins pleaded guilty in July 2014 to possessing cannabis resin valued at €21,000, contrary to section 15A of the Misuse of Drugs Act 1977, as amended. The Court of Appeal said the offence was at the lower end of section 15A offending, but remained serious.
At the time, Cummins told gardaí where two other cannabis parcels on the premises could be found. The sentencing judge considered his cooperation and cannabis addiction, for which he was receiving treatment, and imposed five years’ imprisonment, suspended in full for five years.
Five months later, Cummins stole a phone from a person he had met and assaulted that person while intoxicated. He pleaded guilty to theft and assault in the District Court. The Circuit Court then activated the full five-year sentence. The Director of Public Prosecutions opposed the appeal, arguing that the later offences were particularly serious and that there had been insufficient evidence at the reactivation hearing to justify leniency.
In deciding the appeal, the Court of Appeal also noted Cummins’s efforts in prison, including completing courses and attending school classes five days a week. It referred to his personal circumstances, including that his partner was expecting their second child.
The court ordered a five-year prison sentence with the final two and a half years suspended on the usual terms. It said that portion of the sentence would remain hanging over Cummins after his release. The judgment does not specify the terms of the suspension.