The Director of Public Prosecutions v B.M. (Approved) [2022] IECA 293 (11 November 2022)

The Director of Public Prosecutions v B.M. (Approved) [2022] IECA 293 (11 November 2022)

The cumulative circumstantial evidence justified the inference that the appellant breached the no-contact bail condition by having the complainant present in his house, and the seriousness of the breach warranted revocation of bail.

Citation
[2022] IECA 293
Parties
Prosecutor/respondent: The Director of Public Prosecutions; Accused/appellant: B. M.
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Bail Application Appeal / Appeal From Order Revoking Bail
Outcome
appeal dismissed
Legal Topics
Bail Revocation, Breach of Bail Conditions, Domestic Violence, Standard of Proof in Bail Proceedings
Criminal Law Bail Law Bail Revocation Breach of Bail Conditions Domestic Violence Standard of Proof in Bail Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Director of Public Prosecutions

Prosecutor/respondent

B. M.

Accused/appellant

Procedural Posture

Bail Application Appeal / Appeal From Order Revoking Bail

Legal Issues

  1. 1 Whether the appellant breached a bail condition prohibiting contact with the complainant
  2. 2 Whether the revocation of bail was a proportionate response to the breach

Ratio Decidendi

The cumulative circumstantial evidence justified the inference that the appellant breached the no-contact bail condition by having the complainant present in his house, and the seriousness of the breach warranted revocation of bail.

Court Disposition

appeal dismissed

Orders

  • bail revocation order affirmed