Sentencing judge failed to address necessity of activating entirety of sentence

Criminal law – sentencing – appeal against activation of suspended sentence of three years’ imprisonment imposed for robbery and burglary after terms of suspension were breached – whether the sentencing judge erred in failing to impose a proportionate reactivation of the three-year sentence, and further erred by failing to structure the sentence in light of the evidence of the applicant’s hypothyroidism and alcohol addiction – s. 151(3) of the Children’s Act 2001 – only one place available in Oberstown at the time and it would be inequitable to differentiate between the two accused – judge erred at the final sentence hearing in failing to address the issue as to whether or not it was necessary in the circumstances of this case to activate all of the three-year prison sentence that had originally been suspended – activation of one year of suspended sentence substituted – appeal allowed.