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Prosecution of all charges against an accused at the same time

  • 06-02-2013 2:11am
    #1
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭


    Imagine Bob is a burglar who has committed a series of crimes.

    Jan 2010 - simple burglary, unsolved at the time
    Jan 2010 - simple burglary, unsolved at the time
    Feb 2010 - aggravated burglary, unsolved at the time
    Mar 2010 - simple burglary, unsolved at the time
    Mar 2010 - aggravated burglary. Bob is caught, arrested, charged, prosecuted, convicted, sentenced and imprisoned for two years.
    Mar 2012 - Bob released
    Mar 2012 - simple burglary, unsolved at the time
    Jun 2012 - simple burglary, unsolved at the time
    Jun 2012 - larceny, unsolved at the time
    Jul 2012 - simple burglary. Bob is caught, arrested and charged.
    Oct 2012 - Bob's fence is caught with a large amount of stolen property, some of which has Bob's finger prints. The fence rats on Bob. On further investigation, Bob is tied to all of his crimes.
    Oct 2012 - Bob is on trial for the July 2012 burglary. However, several witnesses for previous crimes are not available just yet.

    Can Bob's trial proceed for the July 2012 burglary? Must his other offences be tried at the same time? What of cases where the Garda/DPP isn't happy with proceeding yet as their witnesses are unavailable? What of the cases before his previous trial? can the trial proceed but sentencing held until all the trials are dealt with?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,994 ✭✭✭✭Peregrinus


    In general, wouldn't it be considered prejudicial to try someone for unrelated crimes at the same time?


  • #3
    Holsten
    Registered Users, Registered Users 2 Posts: 4,971 ✭✭✭Holsten


    No they can all be tried separately.

    It would be the preference to tie in all the charges together but if that cannot be done due to whatever reason they'll just go with the one that is ready.

    Sentencing can be put back to whenever the Judge wants.


  • #4
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Peregrinus wrote: »
    In general, wouldn't it be considered prejudicial to try someone for unrelated crimes at the same time?

    It would be impractical in any event. Only related charges would be tried together. If there was a plea of guilty to all charges they would be taken together and that would always be advised. In the event of guilty pleas, there would be no need for witnesses.


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