McCabe -v- Governor of Mountjoy Prison & ors [2015] IECA 156 (22 July 2015)

McCabe -v- Governor of Mountjoy Prison & ors [2015] IECA 156 (22 July 2015)

Section 99(12) of the Criminal Justice Act 2006 (as amended) provides a statutory right of appeal to the Court of Appeal against any order of the Circuit Court made under s. 99(10) to revoke a suspended sentence, including where the original sentence was imposed on appeal from the District Court. The committal warrant was valid on its face. The absence of a right of appeal did not arise, and thus the constitutional challenge failed.

Citation
[2015] IECA 156
Parties
Applicant/respondent; Plaintiff/respondent: Damien McCabe; Respondent/appellant: Governor of Mountjoy Prison; Defendants/appellants: Ireland and Attorney General; Notice Party/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
22 July 2015
Procedural Posture
Appeal and Cross Appeal (article 40 Inquiry and Plenary Proceedings) / Court of Appeal Judgment Following Transfer From Supreme Court
Outcome
Appeal allowed; cross appeal dismissed.
Legal Topics
Suspended Sentences, Right of Appeal, Interpretation of Statutes, Equality Before the Law, Validity of Detention, Committal Warrants
Criminal Law Constitutional Law Suspended Sentences Right of Appeal Interpretation of Statutes Equality Before the Law Validity of Detention Committal Warrants

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Parties

Damien McCabe

Applicant/respondent; Plaintiff/respondent

Governor of Mountjoy Prison

Respondent/appellant

Ireland and Attorney General

Defendants/appellants

Director of Public Prosecutions

Notice Party/appellant

Procedural Posture

Appeal and Cross Appeal (article 40 Inquiry and Plenary Proceedings) / Court of Appeal Judgment Following Transfer From Supreme Court

Legal Issues

  1. 1 Whether s. 99(12) of the Criminal Justice Act 2006 provides a right of appeal against revocation of a suspended sentence imposed by the Circuit Court on appeal from the District Court
  2. 2 Whether the absence of a right of appeal renders s. 99 unconstitutional
  3. 3 Whether the committal warrant was valid on its face

Ratio Decidendi

Section 99(12) of the Criminal Justice Act 2006 (as amended) provides a statutory right of appeal to the Court of Appeal against any order of the Circuit Court made under s. 99(10) to revoke a suspended sentence, including where the original sentence was imposed on appeal from the District Court. The committal warrant was valid on its face. The absence of a right of appeal did not arise, and thus the constitutional challenge failed.

Court Disposition

Appeal allowed; cross appeal dismissed.

Orders

  • Declaration that s.99(12) of the Criminal Justice Act 2006 provides a right of appeal to the Court of Appeal against any order of the Circuit Court made under s. 99(10) to revoke a suspended sentence, including where imposed on appeal from the District Court.
  • Permanent stay on execution of the Circuit Court warrant of 27th May 2014 committing Mr. McCabe to prison.