D.P.P.-v- John Bishop [2005] IECCA 2 (27 January 2005)

D.P.P.-v- John Bishop [2005] IECCA 2 (27 January 2005)

None of the grounds of appeal raised by the applicant demonstrate error by the trial judge; the evidence and directions given were proper and consistent with legal principles; the application for leave to appeal against conviction must be refused.

Citation
[2005] IECCA 2
Parties
Prosecutor/respondent: Director of Public Prosecutions; Defendant/applicant: John Bishop
Jurisdiction
Ireland
Judgment Date
27 January 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
application for leave to appeal refused
Legal Topics
Conspiracy to Rob, Use of Mechanically Propelled Vehicle Without Owner's Consent, Hearsay Evidence, Admissibility of Statements, Jury Directions, Burden of Proof
Criminal Law Conspiracy to Rob Use of Mechanically Propelled Vehicle Without Owner's Consent Hearsay Evidence Admissibility of Statements Jury Directions Burden of Proof

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Parties

Director of Public Prosecutions

Prosecutor/respondent

John Bishop

Defendant/applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in not suggesting to the jury the possibility of convicting for a lesser offence under section 9(4) of the Criminal Law Act, 1997
  2. 2 Whether evidence relating to consent to search a vehicle was inadmissible hearsay
  3. 3 Whether answers to garda interrogation were improperly admitted

Ratio Decidendi

None of the grounds of appeal raised by the applicant demonstrate error by the trial judge; the evidence and directions given were proper and consistent with legal principles; the application for leave to appeal against conviction must be refused.

Court Disposition

application for leave to appeal refused