Director of Public Prosecutions v C [2021] IESC 74_2 (03 November 2021)

Director of Public Prosecutions v C [2021] IESC 74_2 (03 November 2021)

Section 25 does not permit a medical certificate from a practitioner who has not examined the victim to be admitted as evidence; only certificates from practitioners who have examined the victim are admissible, and opinion evidence from those who have not examined is outside the scope of the hearsay exception.

Citation
[2021] IESC 74_2
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Accused/appellant: AC
Jurisdiction
Ireland
Judgment Date
03 November 2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Hearsay Evidence, Expert Evidence, Admissibility of Medical Certificates, Opinion Vs Fact Distinction
Criminal Law Evidence Hearsay Evidence Expert Evidence Admissibility of Medical Certificates Opinion Vs Fact Distinction

Case Brief

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

AC

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether section 25 of the Non-Fatal Offences Against the Person Act 1997 permits admission of a medical certificate from a practitioner who has not examined the victim
  2. 2 Distinction between opinion and fact in expert evidence
  3. 3 Scope of hearsay exceptions in criminal trials

Ratio Decidendi

Section 25 does not permit a medical certificate from a practitioner who has not examined the victim to be admitted as evidence; only certificates from practitioners who have examined the victim are admissible, and opinion evidence from those who have not examined is outside the scope of the hearsay exception.

Court Disposition

Appeal allowed

Orders

  • Certificate from professor of ophthalmology excluded as inadmissible under section 25
  • Only certificates from medical practitioners who have examined the victim are admissible under section 25