Court of Criminal Appeal dismissed appeal on new offence of endangerment contrary to section 13 of the Non-Fatal Offences Against the Person Act, 1997.
Ireland (IE)
Legislator summary
AI generatedThe Court of Criminal Appeal dismissed the applicant's appeal against conviction, treating the application for leave to appeal as the hearing itself. The applicant argued that the offence of endangerment contrary to section 13 of the Non-Fatal Offences Against the Person Act, 1997, should cover the specific circumstances of his case. The court certified a point of law regarding the offence's applicability but ultimately upheld the conviction, finding the statutory language sufficient to encompass the facts presented.
Legislator headnote
AI generateds. 13 of the Non-Fatal Offences Against the Person Act, 1997; The offence of endangerment is capable of being construed to cover the circumstances arising in the instant case, thereby validating the conviction.
Keywords
AI generatedCited Legislation
AI generatedFull text
THE COURT OF CRIMINAL APPEAL
[C.C.A. NO. 154 OF 2002]
Denham J.
Ó Caoimh J.
Butler J.
THE PEOPLE AT THE SUIT OF
THE DIRECTOR OF PUBLIC PROSECUTIONS
AND
RONAN MCGRATH
APPLICANT
Decision of the Court given on the 28th day of July, 2004 by Denham J.
1. The court delivered judgment in this matter on the 27th day of May, 2004 when, treating the application for leave to
appeal against conviction as the hearing of the appeal, the court dismissed the appeal.
2. Notice of application for a certificate pursuant to s. 29 of the Courts of Justice Act, 1924 has been filed and served on
behalf of the applicant.
3. The applicant has remained on continuing bail.
4. This case relates to a new offence of general application. It is an innovative offence. At the heart of this appeal was the
issue of its application to circumstances such as arose in this case.
5. This court certifies the following point of law under s. 29 of the Courts of Justice Act, 1924:
“Is the offence of endangerment contrary to section 13 of the Non-Fatal Offences Against the Person
Act, 1997 capable of being construed so as to cover circumstances such as in the instant case.”