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Suspended Sentence Qustion

  • 27-03-2014 10:57pm
    #1
    Snowc
    Registered Users, Registered Users 2 Posts: 613 ✭✭✭


    I am curious about a case where a person received a suspended jail term and was on a later date before the courts for a crime that was committed while on bail for the first crime but did not receive the first suspended sentence .Is this normal ?

    This is the case


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    The public order offence happened before he was convicted of the more serious crime so did not happen while he was under the threat of the suspended sentence.

    I appreciate that it happened while he was out on bail for the more serious crime but it was a public order offence for which he paid full restitution so in the normal course of events it wasn't the type of offence which would in itself have attracted a custodial sentence though I agree that he is a complete scumbag for terrorising that poor farmer guy.


  • #3
    Snowc
    Registered Users, Registered Users 2 Posts: 613 ✭✭✭Snowc


    Thank you for the explanation.


  • #4
    billy few mates
    Registered Users, Registered Users 2 Posts: 6,920 ✭✭✭billy few mates


    A friend of mine in AGS told me some time ago that some serious offenders when they get caught and bailed for some serious crimes then go on a crime spree of less serious crimes in an effort to boost their income before they get sent down, safe in the knowledge that (a) they might not get caught and (b) even if they do get caught (for any of the crimes) it won't make much of a difference to the sentence they receive for the original crime as it will most likely be a concurrent sentence...


  • #5
    benway
    Registered Users, Registered Users 2 Posts: 1,061 ✭✭✭benway


    billy few mates wrote: »
    it won't make much of a difference to the sentence they receive for the original crime as it will most likely be a concurrent sentence...
    Your mate is plain wrong - offences committed while on bail must be sentenced consecutively to any previous offences per s. 11 of the CJA 1984 as amended by s.22 of the CJA 2007. The only limit is that the District Court can't impose a sentence of longer than a total of 24 months for offences sentenced consecutively (no more than 12 months for any one offence). In any case, for a "spree" to be worthwhile, you'd have to think that the crims would be looking at a conviction on indictment.

    Also, where bail conditions have been breached for committing further crimes, the court can make an estreatment order against the offender and/or surety in relation to the bonds entered into as part of the bail recognaisance, which will hurt any profits which might be made in the course of their "spree".

    Sounds like a your mate might be repeating tall tales from the Garda canteen, tbh.


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