Courts / Dublin / Report
Suspended sentence activation may not be affected by High Court ruling, court told
Summary
In a Dublin Circuit Criminal Court hearing, the court considered whether the High Court's recent ruling that two subsections of Section 99 of the Criminal Justice Act 2006 are unconstitutional would affect the Probation Service's ability to activate suspended sentences. The High Court had found those subsections, which allow courts to activate a suspended sentence when a person is convicted of a new offence, unconstitutional. The Probation Service's separate subsection, which permits activation when a person breaches the conditions of suspension, was not addressed. The case of Mark Eribo, 29, was listed before Judge Melanie Greally for a Section 99 re‑entry. Eribo had received a three‑year sentence in 2014, with the final year suspended, for stealing camera equipment at McDonald's on Grafton Street in 2012. He has 59 prior convictions. Mark Eribo pleaded guilty.
Who, what, where, when and why
What: Report matter: Suspended sentence activation may not be affected by High Court ruling, court told. Charges or matters: stealing camera equipment at McDonalds on Grafton Street on May 1, 2012. Procedural stage: sentence
When:
- May 1, 2012 Hearing Or Sentence
- April 29th Adjournment
- 2016-04-21 Publication
Case subjects
Defendant
Charges: stealing camera equipment at McDonalds on Grafton Street on May 1, 2012 (Admitted)
Plea: Guilty
Outcome: In 2014 he received a three year sentence with the final year suspended.; Judge Melanie Greally adjourned the case for hearing on April 29th.
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