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High Court refuses reliefs sought in judicial review proceedings concerning whether a Circuit Court judge had the jurisdiction to activate a suspended sentence where a subsequent High Court decision held that the relevant legislation was unconstitutional, on the grounds that there was no denial of fundamental process or non-observance of due process of law by the Circuit Court, and since the applicant failed to appeal the triggering or the reactivation of the sentence, he could not invoke the unconstitutionality of the legislation.
Criminal law – judicial review – whether as a consequence of the declaration of invalidity arising from the decision in Moore, the Circuit Court did not have the statutory power it purported to exercise under ss. 99 (9) and (10) – legislation a five and a half year prison sentence imposed for the dangerous driving offence was required by law to be consecutive to the three year sentence required to be served pursuant to s. 99 (10) of the Criminal Justice Act 2006 – constitutionality of legislation which governs suspended sentences – post-Moore jurisprudence – whether the applicant is precluded from obtaining the benefit of the declaration of unconstitutionality in Moore – application for judicial review should be rejected – no default of fundamental requirements – reliefs sought refused
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