McCowan v. D.P.P. & Ors [2004] IESC 18 (5 March 2004)

McCowan v. D.P.P. & Ors [2004] IESC 18 (5 March 2004)

The authority to retry the appellant on the charges quashed by the Court of Criminal Appeal remains valid and has not yet been exercised; the new indictment and retrial sought are in accordance with that authority and are valid.

Citation
[2004] IESC 18
Parties
Applicant/appellant: Darren McCowan; Respondent: Director of Public Prosecutions; Respondent: Judges for the Circuit of the County of the City of Dublin
Jurisdiction
Ireland
Judgment Date
05 March 2004
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Prohibition Order
Outcome
Appeal dismissed
Legal Topics
Retrial After Quashed Conviction, Prohibition Order, Indictment Amendment, Autrefois Acquit, Court of Criminal Appeal Powers
Criminal Law Judicial Review Retrial After Quashed Conviction Prohibition Order Indictment Amendment Autrefois Acquit Court of Criminal Appeal Powers

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Parties

Darren McCowan

Applicant/appellant

Director of Public Prosecutions

Respondent

Judges for the Circuit of the County of the City of Dublin

Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Prohibition Order

Legal Issues

  1. 1 Whether the prosecution is entitled to retry the appellant on charges quashed by the Court of Criminal Appeal
  2. 2 Whether the indictment for retrial was valid
  3. 3 Whether the appellant's rights were prejudiced by administrative error in indictment

Ratio Decidendi

The authority to retry the appellant on the charges quashed by the Court of Criminal Appeal remains valid and has not yet been exercised; the new indictment and retrial sought are in accordance with that authority and are valid.

Court Disposition

Appeal dismissed

Orders

  • Refusal of prohibition order against further prosecution affirmed