The Director of Public Prosecutions v Dinnegan (Approved)

        On 10 March 2023, His Honour Judge Keenan Johnson signed a Consultative Case Stated relating to the proper interpretation and application of s. 99 of the Criminal Justice Act 2006, as amended by the Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 (�the 2006 Act�).� The question posed for answer by this Court arose in an application seeking the activation of a suspended sentence imposed by the Circuit Court, on appeal from the District Court and is as follows:-

� In the circumstances where an Order of the District Court was varied by the Circuit Court on appeal does the District Court have jurisdiction to amend an Order of that higher Court? �

        The Accused came before Mullingar District Court on 15 October 2020. He was convicted and sentenced of the following offences:-

(i)   Section 4, Criminal Justice (Theft and Fraud Offences) Act 2001 - Imprisonment for 6 months concurrent to a sentence currently being served;

(ii) �Section 4, Criminal Justice (Theft and Fraud Offences) Act 2001 - Imprisonment for 6 months concurrent to a sentence currently being served;