Test for adducing new evidence on appeal held to be fair.

May 17, 2012 By Ciaran Joyce BL in Ireland Court of Criminal Appeal, O'Donnell J No Comments Tags: Criminal law, Practice and procedure, Rules of evidence

DPP v Buck [2012] IECCA 109

(Court of Criminal Appeal, O’ Donnell J (judgment of the court), 20 October 2011)

Court of Criminal Appeal: a) grants an order extending time to apply for a certificate to appeal to the Supreme Court; but b) refuses certificate, on grounds that issue of refusal to adduce new evidence was not a point of law of exceptional public importance.

Criminal law – appeal from conviction from murder and arson – s.29 of the Courts of Justice Act 1924 – point of law of exceptional public importance – application to adduce evidence on appeal – test of materiality in Willoughby/O’Regan – admissibility of fresh evidence relating to events which More

No abuse of process by prosecution in bringing corruption charges.

May 4, 2012 By Ciaran Joyce BL in Denham CJ, Hardiman J, Ireland Supreme Court, Uncategorized No Comments Tags: Criminal judicial review, Rules of evidence

Cosgrave v. DPP [2012] IESC 24

(Supreme Court, Denham CJ (with her Murray J and Fennelly J), Hardiman J (dissenting), 26 April 2012)

Supreme Court dismisses appeal from High Court, and affirms refusal of prohibition of criminal trial on grounds that that prosecution were entitled to await the prosecution and conviction of their key witness before proceeding with trial of appellant.

Denham CJ: Abuse of process – prohibiting a criminal trial proceeding – real risk of an unfair trial – judicial reviewed in High Court – appeal to Supreme Court – corrupt payments – Carrickmines re-zoning – Flood/Mahon tribunal – former County Councillor – inducements or rewards for voting in a particular way on motions before Dublin City Council and Dun More

Re-hearing of personal injuries action ordered.

May 4, 2012 By Mark Tottenham BL in Clarke J, Ireland Supreme Court No Comments Tags: Personal injuries, Road traffic law, Rules of evidence

Doyle v. Banville [2012] IEHC 25
(Supreme Court, Clarke J (nem diss), 1 May 2012)

Supreme Court allows appeal from dismissal of personal injuries claim in High Court, and remits matter for retrial on issue of liability.

Personal injuries – road traffic accident – plaintiff rendered paraplegic – collision between car and motorcycle – whether defendant negligent – dismissal of action in High Court (Lavan J) – role of appellate court in assessing evidence – weight given More

Debt collection case sent forward for plenary hearing.

Apr 18, 2012 By Mark Tottenham BL in Honohan (Master), Ireland High Court 2 Comments Tags: Human rights, Rules of evidence, Summary judgment

Allied Irish Banks PLC v. Collins
(Master of the High Court, 16 November 2011)

Master of the High Court sends debt collection case forward for plenary hearing.

Summary summons – “leave to defend” – order 2, Rules of Superior Courts – O 37, r 10, RSC – avenue available to any defendant refused leave to defend – position of lay litigants – patience of court – crowded Monday morning lists – whether hearings fair More

Conviction of 1973 murder upheld.

Apr 16, 2012 By Mark Tottenham BL in Coghlin LJ, Northern Ireland Court of Appeal No Comments Tags: Criminal law, Rules of evidence

R v. Clarke [2012] NICA 2
(Court of Appeal of Northern Ireland, Coghlin LJ (judgment of the court), 17 February 2012)

Northern Irish Court of Appeal dismisses appeal from 2011 conviction of murder dating back to 1973.

Criminal law – murder – appeal from conviction – shooting of chip-shop owner in 1973 – evidence of bad character – circumstantial evidence – finding that finger and palm print on door belonged to gunman – inferences drawn from failure of accused More

Forcible entry to hotel room and arrest of accused held lawful.

Mar 29, 2012 By Ciaran Joyce BL in Ireland Court of Criminal Appeal, McKechnie J No Comments Tags: Criminal law, Rules of evidence

DPP v Byrne [2011] IECCA 105
(Court of Criminal Appeal, McKechnie J (judgment of the court), 13 December 2011)

Court of Criminal Appeal refuses leave to appeal from conviction of murder, where incriminating admissions made by accused following raid of hotel room.

Criminal law – appeal from conviction – murder – evidence – admissibility – statement allegedly made on arrest, and after caution: “Guard, I had to kill him, he was going to kill me. I owed him money and, you know yourself, he was going to More

Begging accused did not have burden of proving lack of legal authorisation.

Mar 16, 2012 By Mark Tottenham BL in White J (Michael) No Comments Tags: Criminal law, Rules of evidence

DPP v. Rostas [2012] IEHC 19
(High Court, White J, 31 January 2012)

High Court holds, by way of case stated, that in a trial for the offence of soliciting money without licence, the onus was on the prosecution to prove the lack of legal authorisation. (Full text.)

Criminal law – case stated – s. 2, Criminal Justice (Public Order) Act 2011 – offences relating to begging – solicitation of money other than in accordance with licence, permit or authorisation – whether onus on prosecution to show lack of More

Accused’s incriminating comment to Garda ruled admissible.

Mar 16, 2012 By Mark Tottenham BL in Ireland Court of Criminal Appeal, McKechnie J No Comments Tags: Criminal law, Rules of evidence

DPP v. McDonagh [2010] IECCA 127
(Court of Criminal Appeal, McKechnie J (judgment of the court) 1 November 2010)

Court of Criminal Appeal refuses leave to appeal from conviction, where incriminating comment to Garda ruled admissible by trial judge. (Full text.)

Criminal law – appeal from conviction – firearms offences – assault causing serious harm – comment made to Garda following incident: “I am fucked. What sentence will I get?” – tenor of comment put to accused during interview – whether More

Judge solicited inadmissible character evidence, but sentencing appeal dismissed.

Feb 20, 2012 By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: Criminal law, Misuse of drugs, Rules of evidence, Sentencing

DPP v. O’Neill [2012] IECCA 37
(Court of Criminal Appeal, Finnegan J (judgment of the court), 15 February 2012)

Court of Criminal Appeal dismisses appeal from severity of sentence in misuse of drugs offence, notwithstanding that judge solicited inadmissible evidence concerning other unproven matters. (Full text.)

Criminal law – sentencing – appeal from severity – mitigation – previous good character of offender – dispute as to whether offender of previous good character – drugs offence – five years imprisonment with last year suspended – More

Admissibility of victim’s diary not point of exceptional public importance.

Jan 30, 2012 By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: Criminal law, Rules of evidence

DPP v. Kearney [2012] IECCA 1
(Court of Criminal Appeal, Finnegan J (judgment of court), 19 January 2012)

Court of Criminal Appeal refuses certificate to appeal to Supreme Court, on grounds that point of law not of exceptional public importance. (Full text.)

Criminal law – murder – appeal from conviction – whether a point of law of exceptional public importance – admissibility of prejudicial evidence to establish fact already established by other evidence – circumstantial evidence – evidence More

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All recently-published judgments of the Irish Superior Courts

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