Nevin v. Crowley [1998] IEHC 153; [1999] 1 ILRM 376 (21st October, 1998)

Nevin v. Crowley [1998] IEHC 153; [1999] 1 ILRM 376 (21st October, 1998)

The Appellant was denied fair procedures and natural justice as he was sentenced to six months imprisonment and a two-year driving disqualification without adequate opportunity to be heard or make submissions, in breach of the audi alteram partem principle. The existence of an appeal does not cure this breach. The impugned decision must be quashed in the interests of justice.

Citation
[1999] 1 ILRM 376
Parties
Appellant: Appellant; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Decision of the first Respondent quashed; final order postponed pending submissions on autrefois acquit.
Legal Topics
Fair Procedures, Natural Justice, Judicial Review, Sentencing, Right to Be Heard
Criminal Law Administrative Law Fair Procedures Natural Justice Judicial Review Sentencing Right to Be Heard

Case Brief

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Parties

Appellant

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Appellant was denied fair procedures and natural justice in the imposition of sentence
  2. 2 Whether the existence of an appeal precludes judicial review by certiorari
  3. 3 Whether the sentencing process was conducted in breach of the audi alteram partem principle

Ratio Decidendi

The Appellant was denied fair procedures and natural justice as he was sentenced to six months imprisonment and a two-year driving disqualification without adequate opportunity to be heard or make submissions, in breach of the audi alteram partem principle. The existence of an appeal does not cure this breach. The impugned decision must be quashed in the interests of justice.

Court Disposition

Decision of the first Respondent quashed; final order postponed pending submissions on autrefois acquit.

Orders

  • Order quashing the decision of the first named Respondent
  • Postponement of final order until hearing Counsel on autrefois acquit