O'Brien -v- Judge Coughlan & another [2016] IESC 4 (11 February 2016)

O'Brien -v- Judge Coughlan & another [2016] IESC 4 (11 February 2016)

A District Court judge, having convicted a defendant in absentia, must adjourn sentencing or issue a bench warrant to secure the defendant's presence before imposing a substantial custodial sentence, as failure to do so breaches fair procedures and constitutional justice, regardless of whether the defendant had notice of the trial date.

Citation
[2016] IESC 4
Parties
Applicant/respondent: Jason O’Brien; Respondent/appellant: District Judge John Coughlan; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
11 February 2016
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Right to Fair Trial, Sentencing in Absence of Accused, Bench Warrant Procedure, Due Process, Notice Requirements
Criminal Law Constitutional Law Judicial Review Right to Fair Trial Sentencing in Absence of Accused Bench Warrant Procedure Due Process Notice Requirements

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Parties

Jason O’Brien

Applicant/respondent

District Judge John Coughlan

Respondent/appellant

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether a District Court judge may proceed to sentence a defendant to imprisonment in absentia without issuing a bench warrant to secure the defendant's presence
  2. 2 Whether failure to adjourn sentencing or issue a bench warrant breaches fair procedures and constitutional justice

Ratio Decidendi

A District Court judge, having convicted a defendant in absentia, must adjourn sentencing or issue a bench warrant to secure the defendant's presence before imposing a substantial custodial sentence, as failure to do so breaches fair procedures and constitutional justice, regardless of whether the defendant had notice of the trial date.

Court Disposition

Appeal dismissed