Court of Appeal allows appeal of conviction for robbery and possession of a firearm where evidence taken from the garda PULSE system was adduced as evidence of the registration of the vehicle used in the offence, on the grounds that even though that admissibility of the controversial evidence was not challenged at the time that it was admitted before the jury, inadmissible hearsay evidence of a profoundly prejudicial nature was inappropriately led by the prosecution and the convictions must be quashed as a consequence.
Criminal law – appeal of conviction for robbery and possession of a firearm – robbery contrary to s. 27B of the Firearms Act 1964, as substituted by s. 60 of the Criminal Justice Act 2006, as amended by s. 39 of the Criminal Justice Act 2007 – whether the trial judge erred in principle in allowing evidence taken from the garda PULSE system to be adduced as evidence of registration of the vehicle in question to be considered by the jury – whether the trial judge failed to properly instruct the jury as to the weight to be given to the evidence adduced as to the ownership of a vehicle used during the course of the robbery in question – whether evidence was impermissible hearsay – admissibility of the controversial evidence was not challenged at the time that it was adduced before the jury – inadmissible evidence of a profoundly prejudicial nature was inappropriately led by the prosecution – hearsay evidence of Sergeant Coughlan concerning his consultation of the PULSE system was clearly inadmissible and should never have been led – convictions quashed, re-trial ordered – appeal allowed.