A prisoner has failed to secure his release in what was the first High Court judgement since parts of the law on suspended sentences were struck down.

Several other cases are before the courts but Mr. Justice Paul McDermott said they would each have to be dealt with on their own facts.

Last month, Mr. Justice Michael Moriarty declared two sections dealing with the reactivation of suspended sentences as “unconstitutional”.

In this case, the prisoner was handed an eight year sentence in July 2010 for armed robbery.

All but 12 months of that sentence were suspended, however it was reactivated four years later when he pleaded guilty to a number of crimes.

In what was described as a test case, Mr. Justice Paul McDermott today decided he was not entitled to benefit from the Moriarty ruling.

He said he was fully involved in the original sentencing process and failed to challenge the constitutionality of the now defunct legislation.

He concluded by saying he couldn’t find any substantive injustice or breach of his right to fair procedures.

The judgement could have an impact on at least 16 other cases.

Among them is Alan Hutch, son of Eddie Hutch Senior who was shot dead in February as part of an ongoing gangland feud in Dublin.