Court of Appeal orders retrial after quashing conviction due to missing jury warning.
Ireland (IE)
Legislator summary
AI generatedThe Court of Appeal ordered a retrial following the quashing of the appellant's conviction. The original judge erred by failing to provide a specific warning to the jury that the prosecution had requested. The court determined that sufficient evidence remained for a jury to resolve the case.
Legislator headnote
AI generatedSection 2 of the Criminal Justice Act 1998; where a conviction is quashed due to a failure to give a requested jury warning but evidence remains, a retrial is appropriate.
Keywords
AI generatedCited Legislation
AI generatedFull text
THE COURT OF APPEAL
[270/15]
Birmingham P.
Mahon J.
Edwards J.
IN THE MATTER OF SECTION 2 OF THE CRIMINAL JUSTICE ACT 199
THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENT
v.
ALAN HANLEY
APPELLANT
JUDGMENT(Ex tempore) of the Court delivered on the 11th day of June 2018 by Birmingham P.
1. The Court has heard what is being urged by Mr. Bowman in response to the DPP’s application for a retrial. The Court’s view is that
it is a case where a retrial is appropriate. This was a situation where the conviction has been quashed in circumstances where the
Court concluded that the judge made an error in not providing a particular warning that was sought, but it remains the case that
there was evidence to be considered by the jury and we feel it is a matter that should ultimately be resolved by a jury verdict.
2. The Court will order a retrial.