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High Court allows application for judicial review and sets aside both the sentence imposed on the applicant by the District Court and the separate order restricting the applicant's place of residence, on the grounds that: (a) the District Court orders were made in excess of its statutory jurisdiction; (b) the restriction on the applicant's place of residence was disproportionate in that it involved an unjustified and excessive interference with his right to liberty and/or his right to free movement within the State; and (c) as the lawfulness of the orders was in issue and not their correctness, the matter was properly dealt with by way of judicial review and not by way of appeal to the Circuit Court.
Applicant seeking judicial review of sentence - convicted of harassment pursuant to s. 10 of the Non-Fatal Offences Against the Person Act 1997 - sentence of nine months, but seven months suspended on condition, inter alia, that the applicant was not to reside within a distance of 8km of the injured party for a period of three years - District Court also purported to make separate parallel order that the applicant may not reside within 8km of the injured party - objection that applicant would be excluded from living in his hometown - whether District Court has jurisdiction to impose restrictions upon the location at which a person convicted of a criminal offence may lawfully reside - whether appeal to the Circuit Court would have been more appropriate - whether residence restrictions could be severed from remainder of the sentence.
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