DPP -v- John Paul Buck [2011] IECCA 109 (20 October 2011)

DPP -v- John Paul Buck [2011] IECCA 109 (20 October 2011)

The materiality test for admitting fresh evidence on appeal applies equally to evidence relating to events arising during the trial itself; no valid distinction exists between 'fresh' and 'additional' evidence for this purpose, and only evidence that might have a material and important influence on the result should be admitted.

Citation
[2011] IECCA 109
Parties
Prosecutor/respondent: The People (at the Suit of the Director of Public Prosecutions); Accused/applicant: John Paul Buck
Jurisdiction
Ireland
Judgment Date
20 October 2011
Procedural Posture
Criminal Appeal / Application for S.29 Certificate and Enlargement of Time
Outcome
s.29 certificate refused; time for application extended
Legal Topics
Admission of Fresh Evidence, Materiality Test, Certificate for Appeal to Supreme Court
Criminal Law Appellate Procedure Admission of Fresh Evidence Materiality Test Certificate for Appeal to Supreme Court

Case Brief

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Parties

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

Prosecutor/respondent

John Paul Buck

Accused/applicant

Procedural Posture

Criminal Appeal / Application for S.29 Certificate and Enlargement of Time

Legal Issues

  1. 1 Whether the materiality test for admitting fresh evidence applies to evidence relating to events arising during the trial itself rather than to underlying facts of the offence
  2. 2 Whether a distinction should be drawn between 'fresh' evidence and 'additional' evidence arising from trial events for the purposes of appeal

Ratio Decidendi

The materiality test for admitting fresh evidence on appeal applies equally to evidence relating to events arising during the trial itself; no valid distinction exists between 'fresh' and 'additional' evidence for this purpose, and only evidence that might have a material and important influence on the result should be admitted.

Court Disposition

s.29 certificate refused; time for application extended

Orders

  • Time for bringing application extended
  • Application for s.29 certificate refused