D.P.P.-v- Fergal Cagney [2004] IECCA 10 (27 May 2004)

D.P.P.-v- Fergal Cagney [2004] IECCA 10 (27 May 2004)

The trial judge was correct in refusing to withdraw the charge of endangerment from the jury as there was evidence from which a jury could infer intention or recklessness, and that the applicant's conduct created a substantial risk of death or serious harm to another.

Citation
[2004] IECCA 10
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Fergal Cagney
Jurisdiction
Ireland
Judgment Date
27 May 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
leave to appeal against conviction refused
Legal Topics
Endangerment, Mens Rea, Recklessness, Jury Direction, Non Fatal Offences Against the Person Act 1997
Criminal Law Endangerment Mens Rea Recklessness Jury Direction Non Fatal Offences Against the Person Act 1997

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Parties

Director of Public Prosecutions

Prosecutor

Fergal Cagney

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to withdraw the charge of endangerment from the jury
  2. 2 Whether there was sufficient evidence of mens rea (intention or recklessness) for the offence of endangerment

Ratio Decidendi

The trial judge was correct in refusing to withdraw the charge of endangerment from the jury as there was evidence from which a jury could infer intention or recklessness, and that the applicant's conduct created a substantial risk of death or serious harm to another.

Court Disposition

leave to appeal against conviction refused