Director of Public Prosecutions -v- Murray [2015] IEHC 782 (11 December 2015)

Director of Public Prosecutions -v- Murray [2015] IEHC 782 (11 December 2015)

The High Court held that the power of the District Court at common law to suspend sentences of imprisonment did not survive the enactment of Section 99 of the Criminal Justice Act 2006 as amended. The statutory regime is comprehensive and exclusive, and the inherent jurisdiction to suspend sentences has been ousted by the detailed statutory provisions. The statutory scheme is now the sole basis for the imposition and reactivation of suspended sentences.

Citation
[2015] IEHC 782
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Gary H. Purtill); Defendant: John Murray
Jurisdiction
Ireland
Judgment Date
11 December 2015
Procedural Posture
Consultative Case Stated / High Court Opinion on Case Stated From District Court Under S.52 of the Courts (supplemental Provisions) Act 1961
Outcome
The High Court answered the case stated in the negative: the District Court's common law power to suspend sentences of imprisonment did not survive the enactment of Section 99 of the Criminal Justice Act 2006 as amended.
Legal Topics
Suspended Sentences, Common Law Powers, Statutory Abrogation, Inherent Jurisdiction, Implied Repeal
Criminal Law Sentencing Law Statutory Interpretation Suspended Sentences Common Law Powers Statutory Abrogation Inherent Jurisdiction Implied Repeal

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Parties

Director of Public Prosecutions (at the suit of Garda Gary H. Purtill)

Prosecutor

John Murray

Defendant

Procedural Posture

Consultative Case Stated / High Court Opinion on Case Stated From District Court Under S.52 of the Courts (supplemental Provisions) Act 1961

Legal Issues

  1. 1 Did the power of the District Court at common law to suspend sentences of imprisonment survive the enactment of Section 99 of the Criminal Justice Act 2006 as amended?

Ratio Decidendi

The High Court held that the power of the District Court at common law to suspend sentences of imprisonment did not survive the enactment of Section 99 of the Criminal Justice Act 2006 as amended. The statutory regime is comprehensive and exclusive, and the inherent jurisdiction to suspend sentences has been ousted by the detailed statutory provisions. The statutory scheme is now the sole basis for the imposition and reactivation of suspended sentences.

Court Disposition

The High Court answered the case stated in the negative: the District Court's common law power to suspend sentences of imprisonment did not survive the enactment of Section 99 of the Criminal Justice Act 2006 as amended.

Orders

  • The opinion of the High Court is that the District Court may only suspend sentences in accordance with Section 99 of the Criminal Justice Act 2006 as amended.