D.P.P.-v- Adrian Boyle [2010] IECCA 3 (28 January 2010)

D.P.P.-v- Adrian Boyle [2010] IECCA 3 (28 January 2010)

The trial judge correctly allowed the jury to consider the evidence of possession and aiding and abetting, as there was sufficient circumstantial evidence to support a conviction; acquittal on count 6 was based on quantity, not absence of possession; valuation evidence was present.

Citation
[2010] IECCA 3
Parties
Prosecutor/respondent: The People (at the suit of the Director of Public Prosecutions); Defendant/appellant: Adrian Boyle
Jurisdiction
Ireland
Judgment Date
28 January 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Appeal dismissed; leave to appeal against conviction refused
Legal Topics
Drug Offences, Aiding and Abetting, Circumstantial Evidence, Presumption of Intent
Criminal Law Drug Offences Aiding and Abetting Circumstantial Evidence Presumption of Intent

Case Brief

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Parties

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

Prosecutor/respondent

Adrian Boyle

Defendant/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in law in receiving a verdict on counts 7 and 8 after acquittal on count 6
  2. 2 Whether there was sufficient evidence of possession and aiding and abetting to go to the jury
  3. 3 Whether the valuation of drugs was properly evidenced

Ratio Decidendi

The trial judge correctly allowed the jury to consider the evidence of possession and aiding and abetting, as there was sufficient circumstantial evidence to support a conviction; acquittal on count 6 was based on quantity, not absence of possession; valuation evidence was present.

Court Disposition

Appeal dismissed; leave to appeal against conviction refused

Orders

  • Application for leave to appeal treated as hearing of appeal and dismissed
  • Matter of sentence to be addressed at a later date