Edward O'Sullivan (application for Habeas Corpus)

• Jurisdiction: Ireland
• Judge: Ms. Justice Stewart
• Judgment Date: 09 June 2016
• Neutral Citation: [2016] IEHC 311
• Date: 09 June 2016
• Court: High Court
• Docket Number: [2016] No. 12 SSP

IN THE MATTER OF ARTICLE 40.4.2 OF THE CONSTITUTION AND IN

THE MATTER OF AN

APPLICATION FOR HABEAS CORPUS BY

EDWARD O'SULLIVAN

AT PRESENT IN CUSTODY IN CORK PRISON

[2016] IEHC 311

[2016] No. 12 SSP

THE HIGH COURT

Constitution – Art. 40.4.2 of the Constitution – Habeas corpus – Lawfulness of detention – S. 112 of the Road Traffic Act 1961 – S. 99 of the Criminal Justice Act 2006 – S. 14 of the Criminal Justice (Fraud and Offences) Act 2001 – Reactivation of suspended sentence

Facts: The applicant sought a conditional order of habeas corpus and also an inquiry into the lawfulness of his detention. The applicant was detained in prison after being convicted and sentenced for committing an offence contrary to s. 14 of the Criminal Justice (Fraud and Offences) Act, 2001, and to serve an already suspended sentence for an offence under s. 112 of the Road Traffic Act, 1961. The applicant argued that since s. 99 and s. 10 of the Criminal Justice Act, 2006, had been declared unconstitutional by Moriarty J in Moore v. DPP [2016] IEHC 244, the detention of the applicant was thus not lawful.

Ms. Justice Stewart refused to direct an inquiry pursuant to art. 40.4.2 of the Constitution into the legality of the detention of the applicant. The Court held that the applicant had not engaged with the facts to show that there was a manifest error of law in his trial or conviction to invoke the benefit of unconstitutionality declared in Moore v. DPP. The Court found that since the applicant did not disclose his nature of plea in the underlying offence of robbery and neither attempted to appeal his second conviction, the decision rendered in Moore v DPP would be of no avail to him.

JUDGMENT of Ms. Justice Stewart delivered on the 9th day of June 2016.

1 This is an application for a conditional order of habeas corpus made in writing by the applicant, who is in post-conviction custody and seeking an inquiry into the lawfulness of his detention.

2 On the 15th October, 2009, the applicant took possession of or used a mechanically propelled vehicle without the consent of its owner. This was a violation of s112 of the Road Traffic Act 1961, as amended. On 7th May, 2010, the applicant was brought before His Honour Judge Carroll Moran (as he then was) at the Circuit Criminal Court sitting at Limerick, who handed down a sentence of four years imprisonment. The final year of this sentence was suspended for a further four years under s99 of the Criminal Justice Act 2006, on the proviso that he keep the peace and be of good behaviour during that time. On 26th July, 2013, the applicant was found to have breached those terms by committing a robbery offence contrary to s14 of the Criminal Justice (Fraud and Offences) Act 2001, as amended. His suspended sentence was therefore reactivated by Moran J., per s99 (9) and (10) of the 2006 Act, on 24th October, 2013. He is currently in custody in Cork Prison, where he is...