Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal and upholds decision of the High Court refusing to grant an order of judicial review quashing a conviction and sentence imposed on the applicant at Portlaoise District Court, on the grounds that: (a) the appellant and his advisers could not stand over the very serious and unequivocal allegations that they had made that the appellant had been sentenced for a crime to which he had not pleaded guilty; (b) if there had been an application to withdraw or vacate, and that challenge or application was unsuccessful, then there might have been scope for judicial review, but these are not issues that can be raised for the first time in judicial review proceedings; (c) it was abundantly clear that the appellant entered a plea of guilty.
Birmingham P (nem diss): Judicial review - criminal law - appeal of a decision of the High Court refusing to grant an order of judicial review quashing the conviction and sentencing of the appellant in the District Court - convicted of an offence under s. 13 of the Criminal Justice (Public Order) Act 1994 - the appellant challenged the conviction on the ground that the District Court judge had sentenced him for an offence to which he had not pleaded guilty, or of which he had not otherwise been convicted - the High Court found that after reading the transcript, there did not appear to be any room for doubt that the applicant did plead guilty - whether the appellant had pleaded guilty - appeal dismissed
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now