Judgment: 2020-07-07 · Court archive

Court of Appeal dismisses challenge to full revocation of suspended sentence

The court found the resulting two-year term was not disproportionate, while noting the Circuit Court judge had erred by not expressly addressing totality.

The Court of Appeal ·

Who, what, where, when and why

Who
  • Tony Caulfield (Appellant)
What

The court found the resulting two-year term was not disproportionate, while noting the Circuit Court judge had erred by not expressly addressing totality.

Where

Places mentioned in the report

  • Cork
When

Judgment:

Why

Reasons reported in the judgment

The appeal concerned a Cork Circuit Criminal Court order made on 28 February 2020 under section 99(8C) of the Criminal Justice Act 2006. The Court of Appeal held that the resulting aggregate term of two years — comprising the 18 months and a six-month sentence imposed for the later offences — was not disproportionate. It did not alter the order.

The Court of Appeal has dismissed Tony Caulfield’s appeal against an order revoking the full 18-month suspended portion of an earlier sentence and requiring it to be served consecutively to sentences for later offences.

The appeal concerned a Cork Circuit Criminal Court order made on 28 February 2020 under section 99(8C) of the Criminal Justice Act 2006. The Court of Appeal held that the resulting aggregate term of two years — comprising the 18 months and a six-month sentence imposed for the later offences — was not disproportionate. It did not alter the order.

Caulfield had pleaded guilty in June 2017 to 11 counts, including endangerment, criminal damage and road traffic offences arising from a police pursuit in Cork in August 2016. He received concurrent four-year sentences on three counts, with the final 18 months suspended for five years subject to conditions. Those sentences were not appealed.

In February 2020, Cork District Court imposed concurrent sentences for allowing himself to be carried in a stolen vehicle and for theft offences. The convictions triggered re-entry of the earlier matters. At the February hearing, the Circuit Court judge revoked the full suspended portion and ordered it to run consecutively to the sentences for the triggering offences.

On appeal, Caulfield argued that the judge had wrongly revoked the entire suspended portion and failed to consider the principle of totality. The Court of Appeal rejected the first ground. It said his age and addiction difficulties were apparent to the Circuit Court, but no explanation or excuse had been given connecting those matters to the later road traffic offences.

The appeal court agreed that the Circuit Court judge had erred by making no express reference to totality. But it said an error alone did not justify changing a sentence: the appellant also had to show that it produced an incorrect result. The court concluded the aggregate term was not disproportionate, noting Caulfield had received a lenient sentence in 2017 and had offered no explanation for reoffending. The appeal was dismissed.

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