O' Brien -v- Judge Coughlan & Anor [2011] IEHC 330 (29 July 2011)

O' Brien -v- Judge Coughlan & Anor [2011] IEHC 330 (29 July 2011)

Where a District Judge intends to impose a substantial custodial sentence in absentia, failure to ascertain bona fide reasons for non-attendance or to secure the attendance of the accused before sentencing constitutes a breach of fair procedures and constitutional justice.

Source-derived case information.

Citation
[2011] IEHC 330
Parties
Applicant: Jason O'Brien; Respondent: District Judge John Coughlan; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
29 July 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review upheld in part; conviction stands but sentence quashed.
Legal Topics
Fair Procedures, Natural Justice, Sentencing in Absentia, Judicial Review, Bench Warrant
Criminal Law Constitutional Law Administrative Law Fair Procedures Natural Justice Sentencing in Absentia Judicial Review Bench Warrant

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Parties

Jason O'Brien

Applicant

District Judge John Coughlan

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether proceeding to trial and sentencing in absentia breached fair procedures and constitutional justice
  2. 2 Whether the District Judge should have adjourned the case or issued a bench warrant before imposing a custodial sentence

Ratio Decidendi

Where a District Judge intends to impose a substantial custodial sentence in absentia, failure to ascertain bona fide reasons for non-attendance or to secure the attendance of the accused before sentencing constitutes a breach of fair procedures and constitutional justice.

Court Disposition

Application for judicial review upheld in part; conviction stands but sentence quashed.

Orders

  • District Judge should have adjourned the case or issued a bench warrant before imposing sentence.
  • Nature of appropriate order to be discussed with counsel.