DPP -v- Feichín Hannon [2009] IECCA 43 (27 April 2009)

DPP -v- Feichín Hannon [2009] IECCA 43 (27 April 2009)

A conviction of an innocent person, established by newly discovered facts, constitutes a miscarriage of justice under s.9 of the Criminal Procedure Act 1993, entitling the applicant to a certificate for compensation, regardless of whether there was State culpability.

Citation
[2009] IECCA 43
Parties
Prosecutor/respondent: Director of Public Prosecutions; Defendant/appellant: Feichín Hannon
Jurisdiction
Ireland
Judgment Date
27 April 2009
Procedural Posture
Criminal Appeal / Application for Certificate of Miscarriage of Justice Under S.9 Criminal Procedure Act 1993
Outcome
Certificate granted under s.9 Criminal Procedure Act 1993 for miscarriage of justice.
Legal Topics
Miscarriage of Justice, Compensation for Wrongful Conviction, Interpretation of Statutes, International Human Rights Obligations
Criminal Law Human Rights Law Miscarriage of Justice Compensation for Wrongful Conviction Interpretation of Statutes International Human Rights Obligations

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Feichín Hannon

Defendant/appellant

Procedural Posture

Criminal Appeal / Application for Certificate of Miscarriage of Justice Under S.9 Criminal Procedure Act 1993

Legal Issues

  1. 1 Whether the conviction of an innocent person, absent State culpability, constitutes a 'miscarriage of justice' under s.9 of the Criminal Procedure Act 1993 entitling the applicant to a certificate for compensation.

Ratio Decidendi

A conviction of an innocent person, established by newly discovered facts, constitutes a miscarriage of justice under s.9 of the Criminal Procedure Act 1993, entitling the applicant to a certificate for compensation, regardless of whether there was State culpability.

Court Disposition

Certificate granted under s.9 Criminal Procedure Act 1993 for miscarriage of justice.

Orders

  • Conviction quashed.
  • Certificate issued that a newly discovered fact shows there has been a miscarriage of justice.