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 |
High Court quashes conviction for handling stolen property imposed in the District Court, and remits the matter for a fresh hearing, on the grounds that: 1) the trial judge fell into unconstitutionality by failing to give proper consideration to a number of the submissions made, and failing to give reasons for his rulings; and 2) the manner in which the District Court Judge conducted the hearing breached fundamental principles of fairness and constitutional justice.
Criminal law – judicial review – application to quash conviction for offence of handling stolen property contrary to s. 17 of the Criminal Justice (Theft and Fraud) Offences Act, 2001 – whether the District Court Judge failed to give adequate reasons for his refusal to accede to legal submissions made on behalf of the applicant – whether the manner in which the District Court Judge conducted the hearing breached fundamental principles of fairness and constitutional justice – whether the manner in which the District Court Judge conducted the hearing would lead an objective person to believe that the Judge was biased or had come to a view of the merits prior to the case concluding – obligation to give reasons – conviction quashed and matter remitted to District Court.
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 fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now