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 decision to impose a six-month custodial sentence and two-year driving disqualification was made without the Appellant's legal representatives being involved in the second part of the hearing, amounting to a breach of fair procedures and natural justice. The failure to provide an adequate opportunity to be heard cannot be cured by the existence of an appeal, and thus the impugned decision should be quashed in the interests of justice.

Citation
[1998] IEHC 153
Parties
Appellant: Appellant; Respondent: First Respondent; Respondent: Second Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment
Outcome
decision quashed
Legal Topics
Fair Procedures, Natural Justice, Judicial Review, Sentencing, Audi Alteram Partem
Criminal Law Administrative Law Constitutional Law Fair Procedures Natural Justice Judicial Review Sentencing Audi Alteram Partem

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Appellant was denied fair procedures in the imposition of a custodial sentence without adequate opportunity to be heard or represented
  2. 2 Whether the existence of an appeal precludes judicial review by certiorari
  3. 3 Whether the first Respondent acted outside jurisdiction in varying the original order and considering irrelevant material

Ratio Decidendi

The decision to impose a six-month custodial sentence and two-year driving disqualification was made without the Appellant's legal representatives being involved in the second part of the hearing, amounting to a breach of fair procedures and natural justice. The failure to provide an adequate opportunity to be heard cannot be cured by the existence of an appeal, and thus the impugned decision should be quashed in the interests of justice.

Court Disposition

decision quashed

Orders

  • Order quashing the decision of the first named Respondent
  • Final order postponed pending submissions on autrefois acquit