D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004)

D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004)

The court granted the application for certification, holding that the legal question regarding the scope of the endangerment offence under section 13 warranted determination by the Supreme Court.

Citation
[2004] IECCA 21
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Fergal Cagney
Jurisdiction
Ireland
Judgment Date
28 July 2004
Procedural Posture
Criminal Appeal / Application for Certificate Under S.29 Courts of Justice Act, 1924
Outcome
application for certificate granted
Legal Topics
Endangerment, Interpretation of Statutory Offence, Certificate for Appeal
Criminal Law Endangerment Interpretation of Statutory Offence Certificate for Appeal

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Fergal Cagney

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the offence of endangerment under section 13 of the Non-Fatal Offences Against the Person Act, 1997 covers the circumstances of the instant case

Ratio Decidendi

The court granted the application for certification, holding that the legal question regarding the scope of the endangerment offence under section 13 warranted determination by the Supreme Court.

Court Disposition

application for certificate granted

Orders

  • Certificate granted under s.29 Courts of Justice Act, 1924 on the point of law: whether the offence of endangerment under section 13 of the Non-Fatal Offences Against the Person Act, 1997 covers the circumstances of the instant case