D.P.P.-v- Mark Desmond [2004] IE CCA 46 (03 December 2004)

D.P.P.-v- Mark Desmond [2004] IE CCA 46 (03 December 2004)

The refusal of the trial judges to consider the applicant’s application for an adjournment prevented a fair trial and was contrary to constitutional and natural justice. The conviction is unsafe and must be quashed; a retrial is ordered.

Citation
[2004] IE CCA 46
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: Mark Desmond
Jurisdiction
Ireland
Judgment Date
03 December 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed; retrial ordered
Legal Topics
Firearms Offences, Fair Trial, Adjournment, Mens Rea, Indictment Procedure
Criminal Law Firearms Offences Fair Trial Adjournment Mens Rea Indictment Procedure

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Mark Desmond

Accused/appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge properly directed the jury on intent under section 15 of the Firearms Act 1925 as amended
  2. 2 Whether there was sufficient evidence of intent
  3. 3 Whether the indictment was properly before the court

Ratio Decidendi

The refusal of the trial judges to consider the applicant’s application for an adjournment prevented a fair trial and was contrary to constitutional and natural justice. The conviction is unsafe and must be quashed; a retrial is ordered.

Court Disposition

conviction quashed; retrial ordered

Orders

  • Conviction quashed
  • Order for retrial