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Court of Appeal dismisses appeal from Circuit Court, and affirms decision to activate the full balance of a suspended sentence, where the offender had been given a three year suspended sentence for robbery and possession of cannabis on condition that he provide urinalysis to the Gardai, but had failed to comply with that condition, on the grounds that the court had been lenient in granting a suspended sentence and that the lifting of the suspension was proportionate in the circumstances.
Criminal law – sentencing – appeal against decision to lift suspension of sentence - three year suspended sentence imposed for robbery and possession of cannabis with a street value of €600 – s. 15 of the Misuse of Drugs Act, 1977 – appellant failed to provide urinalysis to the gardaí – whether the sentencing judge failed to give have sufficient regard to the appellant’s pleas of guilty – s. 99(10) of the Criminal Justice Act 2006 – original sentences were lenient – decision to activate the balance of the three year suspended sentence was proportionate, and no error of principle has been identified – appeal dismissed
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