DPP -v- Alphonsus Connolly [2009] IECCA 53 (12 May 2009)

DPP -v- Alphonsus Connolly [2009] IECCA 53 (12 May 2009)

There was sufficient evidence, including expert testimony and probability-based sampling, for the jury to conclude beyond reasonable doubt that the market value of the drugs exceeded €13,000. The trial judge did not err in law by leaving the case to the jury.

Citation
[2009] IECCA 53
Parties
Applicant/respondent: Director of Public Prosecutions; Respondent/appellant: Alphonsus Connolly
Jurisdiction
Ireland
Judgment Date
12 May 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Hearing of Appeal
Outcome
Appeal dismissed
Legal Topics
Drug Offences, Market Value of Controlled Drugs, Sampling Evidence, Burden of Proof
Criminal Law Drug Offences Market Value of Controlled Drugs Sampling Evidence Burden of Proof

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Parties

Director of Public Prosecutions

Applicant/respondent

Alphonsus Connolly

Respondent/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Hearing of Appeal

Legal Issues

  1. 1 Whether there was evidence on which a jury could be satisfied beyond reasonable doubt that the market value of the drugs was €13,000 or more
  2. 2 Whether the trial judge erred in not withdrawing the case from the jury at the close of the prosecution case

Ratio Decidendi

There was sufficient evidence, including expert testimony and probability-based sampling, for the jury to conclude beyond reasonable doubt that the market value of the drugs exceeded €13,000. The trial judge did not err in law by leaving the case to the jury.

Court Disposition

Appeal dismissed

Orders

  • Application for leave to appeal treated as hearing of appeal and dismissed