D.P.P. (People) v. Larkin [2008] IECCA 89 (16 June 2008)

D.P.P. (People) v. Larkin [2008] IECCA 89 (16 June 2008)

The identification evidence was admissible and sufficiently reliable for the jury to assess; the trial judge acted properly in both evidentiary rulings and sentencing; the sentence imposed was appropriate but nine months suspended due to applicant's personal circumstances.

Citation
[2008] IECCA 89
Parties
Prosecutor: Director of Public Prosecutions; Applicant: David Larkin
Jurisdiction
Ireland
Judgment Date
16 June 2008
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Sentencing
Outcome
Leave to appeal sentence granted; sentence varied.
Legal Topics
Identification Evidence, Admissibility of Evidence, Sentencing, Assault Causing Harm
Criminal Law Identification Evidence Admissibility of Evidence Sentencing Assault Causing Harm

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Parties

Director of Public Prosecutions

Prosecutor

David Larkin

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Sentencing

Legal Issues

  1. 1 Admissibility of identification evidence
  2. 2 Quality of identification evidence
  3. 3 Appropriateness of trial judge's directions

Ratio Decidendi

The identification evidence was admissible and sufficiently reliable for the jury to assess; the trial judge acted properly in both evidentiary rulings and sentencing; the sentence imposed was appropriate but nine months suspended due to applicant's personal circumstances.

Court Disposition

Leave to appeal sentence granted; sentence varied.

Orders

  • Five-year sentence imposed for assault causing harm under section 3 of the Non-Fatal Offences Against the Person Act 1997.
  • Last nine months of sentence suspended on condition applicant enters bond to keep the peace and be of good behaviour for two years from release.