Director of Public Prosecutions -v- Dunne [2014] IECCA 29 (31 July 2014)

Director of Public Prosecutions -v- Dunne [2014] IECCA 29 (31 July 2014)

Causation was established as the appellant's actions contributed to the victim's death in more than a minimal way; decisions to withhold medical treatment did not break the chain of causation. The defence of duress is not available for murder in this jurisdiction. The trial judge's directions, though containing a minor error, did not mislead the jury or affect the trial outcome.

Citation
[2014] IECCA 29
Parties
Prosecutor: Director of Public Prosecutions; Appellant: Jonathan Dunne
Jurisdiction
Ireland
Judgment Date
31 July 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Murder, Causation, Duress, Jury Directions
Criminal Law Murder Causation Duress Jury Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Jonathan Dunne

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether causation was established between the appellant's actions and the victim's death
  2. 2 Whether the defence of duress is available in murder cases
  3. 3 Whether the trial judge's directions to the jury amounted to a misdirection

Ratio Decidendi

Causation was established as the appellant's actions contributed to the victim's death in more than a minimal way; decisions to withhold medical treatment did not break the chain of causation. The defence of duress is not available for murder in this jurisdiction. The trial judge's directions, though containing a minor error, did not mislead the jury or affect the trial outcome.

Court Disposition

appeal dismissed

Orders

  • Conviction for murder upheld