D.P.P. (People) v. Van Dongeren [2008] IECCA 95 (23 June 2008)

D.P.P. (People) v. Van Dongeren [2008] IECCA 95 (23 June 2008)

The trial judge correctly applied the Galbraith test in refusing a direction of acquittal, as there was evidence upon which a properly directed jury could convict the applicant of possession of ammunition. The matter was appropriately left to the jury's determination.

Citation
[2008] IECCA 95
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Caroline Van Dongeren
Jurisdiction
Ireland
Judgment Date
23 June 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Possession of Ammunition, Inferences in Criminal Law, Application for Direction, Jury Discretion
Criminal Law Possession of Ammunition Inferences in Criminal Law Application for Direction Jury Discretion

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Caroline Van Dongeren

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge correctly refused a direction of acquittal on the charge of possession of ammunition
  2. 2 Whether the law as set out in R v Galbraith was properly applied

Ratio Decidendi

The trial judge correctly applied the Galbraith test in refusing a direction of acquittal, as there was evidence upon which a properly directed jury could convict the applicant of possession of ammunition. The matter was appropriately left to the jury's determination.

Court Disposition

leave to appeal refused