In the case of individuals who have been given freedom on the proviso of good conduct, a suspended sentence is frequently likened to the looming “sword of Damocles”. Limerick hurler Kyle Hayes (26) has been under this imminent threat since last March when he was found guilty of partaking in an aggressive incident at a nightclub in 2019, resulting in severe facial injuries to a man.
The Limerick Circuit Court proclaimed a penalty of €10,000 to be paid to the victim by the All-Ireland champion for two counts of violent disorder. The court also decreed a two-year sentence, which was deferred for the same period on the condition that Hayes maintains peace. Despite having this “sword” over his head, Hayes contributed to Limerick making it to the All-Ireland hurling semi-final at Croke Park in July last year.
However, Hayes’ recent conviction for dangerous driving this week at Mallow District Court has stimulated a Garda appeal for a judicial review on the suspension of Hayes’s two-year sentence. As noted by Tom O’Malley, a senior counsel and emeritus professor of law at the University of Galway specialising in sentencing, a suspended sentence invokes compulsory requirements of peaceful and law-abiding behaviour.
He discussed the nature of such proceedings, emphasising that if any further crime is committed during the period of suspension, it denotes a violation of the suspended sentence terms. According to O’Malley, a suspended sentence serves a “rehabilitative” purpose; providing an individual who has committed a crime worth of imprisonment, the opportunity to redeem themselves and demonstrate that they can live a law-abiding life during the suspension duration.
When a suspension is under review, the original sentencing court possesses the authority to decide whether to execute the prison term in whole, partially or not at all. In such cases, factors like the severity and character of a repeated offence and the remaining duration of the suspension period are taken into account, O’Malley stated.
Mr O’Malley, during a case, pointed towards the possibility of a judge ruling that it would be unreasonable to initiate a prison sentence in light of a repeated offence depending on the case specifics. Ciaran Mullholland, who often represents those under accusation, shared his observation that those on deferred sentences who commit entirely different, lesser crimes usually do not have their incarceration initiated, however, the decision lies solely with the judge. He explained that such sentence deferments act as incentive and deterrent, highlighting that he has witnessed sentences being enforced in drug-related incidents where an analogous violation occurred shortly after the initial sentencing.
The Mallow District Court was informed on Tuesday about Hayes, a resident of Ballyashea, Kildimo, intending to contest his conviction for dangerous driving which had resulted in a two-year driving ban and a €250 fine. Hayes, with a track record of no previous driving offenses, contested the accusation while agreeing to accept guilt for the lesser offence of careless driving. Upon conviction, Judge Colm Roberts, discussing that Hayes overtook nine cars driving at a speed of 155km/hr in a 100km/hr limit area near Mallow, County Cork, deemed the situation deserving of a dangerous driving conviction.
The judge referred Hayes back to Limerick Circuit Court to consider the enforcement of the deferred sentence, which is scheduled to sit next in October. Generally, the review of suspension sentences does not commence before the appeal courts summoned by the accused make a final decision on the alleged repeated offence. Mallow Circuit Court, which handles appeals from the local District Court, holds four sessions a year, with the upcoming session planned for December.