D.P.P.-v- Emmanuel Ashibougwu [2007] IECCA 65 (27 July 2007)

D.P.P.-v- Emmanuel Ashibougwu [2007] IECCA 65 (27 July 2007)

There was no evidence or suggestion of racial prejudice during the trial, and the court's decision did not involve the proposed points of law. Therefore, the application for a certificate under section 29 was refused.

Citation
[2007] IECCA 65
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Emmanuel Ashibougwu
Jurisdiction
Ireland
Judgment Date
27 July 2007
Procedural Posture
Criminal Appeal / Application for Certificate Under Section 29 Courts of Justice Act, 1924
Outcome
application refused
Legal Topics
Jury Prejudice, Racial Bias, Appeals Procedure
Criminal Law Jury Prejudice Racial Bias Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Emmanuel Ashibougwu

Applicant

Procedural Posture

Criminal Appeal / Application for Certificate Under Section 29 Courts of Justice Act, 1924

Legal Issues

  1. 1 Whether the absence of an ethnic minority juror requires a mandatory or discretionary warning to the jury regarding racial prejudice
  2. 2 Whether the trial judge should have given a specific direction to the jury about racial bias in cases involving ethnic minority defendants

Ratio Decidendi

There was no evidence or suggestion of racial prejudice during the trial, and the court's decision did not involve the proposed points of law. Therefore, the application for a certificate under section 29 was refused.

Court Disposition

application refused

Orders

  • Refusal of certificate under section 29 Courts of Justice Act, 1924