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IESC 26 ECLI:IE:SC:2004:26 AI generated

Appeal from Court of Criminal Appeal determination dismissed as section 29 confers no jurisdiction.

Case Number IESC 26
Court / Authority
Jurisdiction Ireland (IE)
Decision Date
Outcome Dismissed
Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the appeal, holding that section 29 of the Courts of Justice Act, 1924, does not grant jurisdiction to hear appeals from Court of Criminal Appeal determinations allowing further appeals. The applicant argued for direct review, but the court noted the procedural burden and the likelihood of the retrial court being bound by the lower court's certified point decision. Consequently, the court ruled that legislative amendment is required to remedy these jurisdictional limitations.

Legislator headnote

AI generated

Section 29 of the Courts of Justice Act, 1924; The Supreme Court has no jurisdiction to entertain an appeal from a judgment of the Court of Criminal Appeal which allows an appeal.

Keywords

AI generated
Supreme Court jurisdiction Courts of Justice Act 1924 Court of Criminal Appeal certified point of law appeal determination

Cited Legislation

AI generated
section 29 of the Courts of Justice Act, 1924
I entirely agree with the Chief Justice that section 29 of the Courts of Justice Act, 1924 confers no jurisdiction on this Court to
Justice Act, 1924
I entirely agree with the Chief Justice that section 29 of the Courts of Justice Act, 1924 confers no jurisdiction on this Court to

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Full text

THE SUPREME COURT

[S.C. No. 93 of 2004]

Keane, C.J.

Denham, J.

Murray, J.

Hardiman, J.

Fennelly, J.

BETWEEN

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)

Respondent

and

LIAM CAMPBELL

Applicant/Appellant

JUDGMENT delivered on the 23rd day of April, 2004 by FENNELLY J.

I entirely agree with the Chief Justice that section 29 of the Courts of Justice Act, 1924 confers no jurisdiction on this Court to

entertain an appeal from a judgment from a determination of the Court of Criminal Appeal which allows an appeal.

This result is unfortunate and undesirable. Mr Michael O’Higgins rightly emphasised the burden that it places on the Applicant. The

judgment of the Court of Criminal Appeal decided the certified point against the Applicant. The Special Criminal Court at the retrial is

likely to feel bound by that decision. In the event of a conviction, there will have to be a further appeal to the Court of Criminal

Appeal. It may then be possible to have the matter, clearly a matter of exceptional public importance, certified anew to this Court.

These and other limitations of the section could readily be remedied by amending legislation.