28 November 2014
The People (At the Suit of The Director Of Public Prosecutions)
Ignatius Forde, 54 Burrin Street, Carlow, Co. Carlow.
The Court of Criminal Appeal, Courts of Criminal Justice, Parkgate Street, Dublin 8.
Judge Birmingham; Judge Sheehan; and Judge Mahon.
Details of Sentence under appeal:
Ignatius Forde was charged on 1st May 2014 in Carlow Circuit Court on fifty counts arising from his having acted as an auditor when disqualified from so doing contrary to section 187 of the Companies Act 1990 and to his having produced false audit reports contrary to section 242 of the same Act. On the 15th May 2014, The Court directed in relation to the charges made against him on 1st May 2014, that Mr. Forde be convicted on one count of producing a false audit report contrary to section 242(1) of the Companies Act 1990 and fined €1,000. All other counts were taken into consideration.
Outcome of Appeal:
The Court of Criminal Appeal found that the sentence imposed by Carlow Circuit Court on the 15th May 2014 was unduly lenient and increased the penalties as follows: Mr. Forde was directed to serve 200 hours Community Service in lieu of a 12 month imprisonment term and the fine of €1,000 imposed in the Circuit Court was increased to €3,000.
Arising from his Circuit Court conviction Mr. Ignatius Forde is deemed, pursuant to Section 160 (1) of the Companies Act 1990, to be the subject of a disqualification order for a period of 5 years commencing from the date of his conviction on 1st May, 2014 and the Court of Criminal Appeal left that deemed disqualification order undisturbed.
See Circuit Court Case
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