Director of Public Prosecutions -v- Parker [2015] IECA 296 (19 October 2015)

Director of Public Prosecutions -v- Parker [2015] IECA 296 (19 October 2015)

The court found no fault in the High Court judge's exercise of discretion in making no order as to costs and affirmed there is no entitlement to costs irrespective of outcome in consultative case stated.

Citation
[2015] IECA 296
Parties
Prosecutor/respondent: The Director of Public Prosecutions (at the suit of Garda Mary Gallagher); Accused/applicant: Martin Parker
Jurisdiction
Ireland
Judgment Date
19 October 2015
Procedural Posture
Criminal Appeal / Appeal From High Court Consultative Case Stated
Outcome
appeal and cross-appeal dismissed
Legal Topics
Costs in Consultative Case Stated, Drunk Driving, Judicial Discretion
Criminal Law Procedure Costs in Consultative Case Stated Drunk Driving Judicial Discretion

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Parties

The Director of Public Prosecutions (at the suit of Garda Mary Gallagher)

Prosecutor/respondent

Martin Parker

Accused/applicant

Procedural Posture

Criminal Appeal / Appeal From High Court Consultative Case Stated

Legal Issues

  1. 1 Whether the applicant is entitled to costs in a consultative case stated when the outcome is adverse
  2. 2 Whether the High Court judge erred in making no order as to costs

Ratio Decidendi

The court found no fault in the High Court judge's exercise of discretion in making no order as to costs and affirmed there is no entitlement to costs irrespective of outcome in consultative case stated.

Court Disposition

appeal and cross-appeal dismissed

Orders

  • No order as to costs