D.P.P. -v- Kelly [2007] IEHC 450 (19 December 2007)

D.P.P. -v- Kelly [2007] IEHC 450 (19 December 2007)

The trial judge declined to award costs to Anthony Kelly, finding the prosecution was justified in bringing the case based on apparently credible evidence, no misconduct or abuse occurred, and the defence's timing evidence was misleading and lacked candour. The discretion as to costs was exercised against awarding costs due to the conduct of the accused and the nature of the evidence.

Citation
[2007] IEHC 450
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Accused/applicant: Anthony Kelly
Jurisdiction
Ireland
Judgment Date
19 December 2007
Procedural Posture
Criminal / Post Acquittal Costs Application
Outcome
application for costs refused
Legal Topics
Costs in Criminal Proceedings, Discretion of Trial Judge, Acquittal, Burden of Proof
Criminal Law Procedure Costs in Criminal Proceedings Discretion of Trial Judge Acquittal Burden of Proof

Case Brief

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Parties

The People (at the suit of the Director of Public Prosecutions)

Prosecutor/respondent

Anthony Kelly

Accused/applicant

Procedural Posture

Criminal / Post Acquittal Costs Application

Legal Issues

  1. 1 Whether Anthony Kelly is entitled to costs following acquittal on a charge of murder
  2. 2 Appropriate exercise of judicial discretion in awarding costs in criminal cases

Ratio Decidendi

The trial judge declined to award costs to Anthony Kelly, finding the prosecution was justified in bringing the case based on apparently credible evidence, no misconduct or abuse occurred, and the defence's timing evidence was misleading and lacked candour. The discretion as to costs was exercised against awarding costs due to the conduct of the accused and the nature of the evidence.

Court Disposition

application for costs refused

Orders

  • No order as to costs in favour of Anthony Kelly