Court hears of lack of clarity in relation to sentencing options for juveniles

By Isabel Hayes

A court has heard there is a lack of clarity in relation to the sentencing options for juveniles while dealing with the case of two teenage boys who took part in a violent incident involving a drug debt.

Judge Martin Nolan adjourned the case in Dublin Circuit Criminal Court for an hour yesterday to allow all counsel in the matter to seek clarification on what options he had to ensure the boys engage with the Probation Service.

Judge Nolan said the court did not believe the boys, now aged 16 and 17, deserved a custodial sentence in relation to charges of demanding money with menace at an address in Dublin on July 15, 2023.

However, the court heard that juveniles cannot be given suspended sentences which allow a judge to impose certain conditions which defendants must abide by, such as remaining under the supervision of the Probation Service.

Judge Nolan said he was inclined to place the boys on a bond of 18 months under which they would be compelled to remain under the supervision of the Probation Service for a period of time, but asked counsel in the case: “If they misbehave or fail to attend, what can be done?”

The judge was told by defence counsel that it was “difficult”, with the judge having the option of adjourning the case until the defendants turned 18.

However, while one of the boys before the court turns 18 later this month, the other will not turn 18 until next year.

Judge Nolan adjourned the case for an hour to allow counsel to get instructions as to the case law in the matter.

Upon his return to court, Marc Murphy BL, prosecuting, told the court that it was “not clear”.

“You may recall the Central [Criminal] Court have stated that clarification is required by the Oireachtas,” he said.

He told the judge that if he did not want to detain the boys, but wanted “comfort in terms of behaviour”, then the judge could impose additional conditions on the boys.

Judge Nolan ruled that he would impose an 18 month good behaviour bond on each boy.

“The situation here is that this court considers neither (boy) deserves to go into detention,” he said.

“Therefore it won’t be open to the court to delay sentencing until they reach their 18th birthday.”

The judge said he would place both boys on a bond to be of good behaviour for 18 months and to remain under the supervision of the Probation Service for one year.

“If they don’t do that, you will have to come back to court and see what the appropriate remedy is,” he told prosecution counsel.

The boys both pleaded guilty to one count of demanding money with menace at a location in Dublin on July 15, 2023.

Further charges of affray and trespass were taken into account.

The court heard the incident related to an alleged drug debt of €600.

The court was shown CCTV footage of the boys – then aged 15 and 16 – and a third person arriving at the door of the house in question, where the ringleader started demanding money from the person who answered the door.

This ringleader was not before the court and has since fled the jurisdiction, the court heard.

When the injured party said he did not have the money, the three boys set upon him, punching him and kicking him to the head as he lay on the ground.

The court heard the incident only came to light when gardaí came across the CCTV footage on someone’s phone while investigating another crime.

The injured party never reported the matter to gardaí, did not make a statement and did not make a victim impact statement.

Defence counsel in the case said neither boy has previous convictions, that they both recently completed their Leaving Certificate and are actively seeking work.

They cooperated with gardaí and expressed their remorse for their involvement in the incident.