Written record of court order constituted valid record of terms of suspended sentence

By: Ciaran Joyce BL

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Court of Appeal, in habeas corpus proceedings, dismisses appeal of High Court order refusing to quash a Circuit Court determination which was allegedly was bad on its face, and a ruling in respect of unlawful detention arising from the activation of a suspended sentence, on the grounds that: a) the trial judge was correct in determining that there existed a written record of the order made in the Circuit Court which constituted a valid record of the terms of the sentence; b) the appellant is not entitled to an order extending time for judicial review having due regard to the principles of proportionality and reasonableness; and c) while the sentence was not entirely in accordance with the mandatory requirements of the relevant legislation, the sentence imposed had a clear and lawful foundation, and any omission inured to the appellant's benefit.

Criminal law – appeal of High Court order refusing to quash a Circuit Court determination which it was alleged was bad on its face and a finding in respect of unlawful detention – Article 40 of the Constitution – activation of suspended sentence – whether a written record existed of the orders made at Cork Circuit Court – alleged failure to comply with the provisions of s. 99(2)(b) of the 2006 Act – s. 99 (9) and (10) of the 2006 Criminal Justice Act – purposive construction – habeas corpus application – triggering offences – the duration of the bond – delay – application to enlarge time for judicial review dismissed – trial judge was correct in determining that there exists a written record of the order made in the Circuit Court – pursuant to O. 84, r. 21 of the Rules of the Superior Courts – appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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