A judge will rule in April whether to reactivate a 15-month suspended sentence faced by Joshua Allen, son of chef Rachel Allen, for a cannabis conviction which dates back to 2019.
The case against Mr Allen of Ballinamora in Shanagarry, Co Cork was listed for re-entry on Tuesday morning at a sitting of Cork Circuit Criminal Court.
However, barrister Donal O’Sullivan said that Mr Allen, who is in his early twenties, was appealing a “triggering offence” which had brought him back before the court.
Allen is to have an appeal against his conviction for minor drug possession heard on March 15th next.
Mr Allen is on bail pending the appeal which followed his conviction for possession of €280 worth of cocaine in East Cork. His presence was not required in court on Tuesday.
Allen had pleaded not guilty to a charge that on July 10th, 2020 at the Pontoon, Midleton, Co Cork he had unlawfully in his possession a controlled drug, namely cocaine contrary to the Misuse of Drugs Act.
In September of last year, Judge Alec Gabbett jailed Mr Allen for two months having convicted him of the offence. Defence solicitor Don Ryan lodged an immediate appeal and bail was granted in the case.
Mr Allen had been released from prison just over a month before the offence took place.
The conviction is a triggering offence in respect of an outstanding suspended sentence over a previous drugs matter.
On Tuesday at Cork Circuit Criminal Court, Judge Helen Boyle was told that an adjournment of the re-entry of the 2019 case was necessary pending the hearing of the appeal in the minor drugs possession case in March.
Mr Allen’s re-entry case will now be heard on April 26th next at Cork Circuit Criminal Court. The court will rule on a 15-month suspended sentence which Allen faces from a previous and separate 2019 cannabis conviction.
Mr Allen has six previous convictions for drugs related offences all arising from a single incident two years ago.
He had received a 15-month custodial sentence with 15 months suspended at Circuit Court level in 2020 after he pleaded guilty to possession of over €22,000 worth of cannabis for sale and supply.
The case for which Mr Allen received a two-month sentence in September of last year involved an incident at about 11.25pm on July 10th, 2020 in Midleton. He had entered a not guilty plea in relation to this offence and still maintains his innocence.