Director of Public Prosecutions v C.C. [2019] IESC 94_4 (19 December 2019)

Director of Public Prosecutions v C.C. [2019] IESC 94_4 (19 December 2019)

The absence of the witness M. Cy., while significant, did not amount to the loss of a real possibility of an obviously useful line of defence; the trial judge properly exercised jurisdiction and the trial was not rendered unjust by the delay or absence. The appellate court should not substitute its own assessment for that of the trial judge unless there is an error of principle.

Citation
[2019] IESC 94_4
Parties
Prosecutor/respondent: Director of Public Prosecutions; Defendant/appellant: C. C.
Jurisdiction
Ireland
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Historic Child Sexual Abuse, Delay in Prosecution, Fair Trial Rights, Abuse of Process
Criminal Law Historic Child Sexual Abuse Delay in Prosecution Fair Trial Rights Abuse of Process

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

C. C.

Defendant/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether lapse of time and absence of key witness rendered trial unfair
  2. 2 Whether trial judge correctly exercised jurisdiction to withdraw case from jury due to prejudice

Ratio Decidendi

The absence of the witness M. Cy., while significant, did not amount to the loss of a real possibility of an obviously useful line of defence; the trial judge properly exercised jurisdiction and the trial was not rendered unjust by the delay or absence. The appellate court should not substitute its own assessment for that of the trial judge unless there is an error of principle.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; trial court's determination upheld.