Arnold v. Windle [1999] IESC 33 (4th March, 1999)

Arnold v. Windle [1999] IESC 33 (4th March, 1999)

Given the evidence of possible breach of constitutional justice by the District Judge in sentencing, the availability of an appeal may not be an adequate remedy; leave to apply for judicial review should be granted.

Citation
[1999] IESC 33
Parties
Applicant/appellant: Robert Arnold; Respondent: Judge Desmond Windle; Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Appeal From Refusal of Leave to Apply for Certiorari
Outcome
Appeal allowed; leave to apply for judicial review granted.
Legal Topics
Sentencing, Natural Justice, Discretionary Remedies, Alternative Remedies
Criminal Law Judicial Review Constitutional Law Sentencing Natural Justice Discretionary Remedies Alternative Remedies

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Parties

Robert Arnold

Applicant/appellant

Judge Desmond Windle

Respondent

The Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Appeal From Refusal of Leave to Apply for Certiorari

Legal Issues

  1. 1 Whether the District Judge acted in excess of jurisdiction in sentencing the applicant
  2. 2 Whether refusal to accept mitigation evidence and requiring sworn testimony was unlawful
  3. 3 Whether judicial review is appropriate where an appeal is available

Ratio Decidendi

Given the evidence of possible breach of constitutional justice by the District Judge in sentencing, the availability of an appeal may not be an adequate remedy; leave to apply for judicial review should be granted.

Court Disposition

Appeal allowed; leave to apply for judicial review granted.

Orders

  • Leave to apply for judicial review granted on the grounds set out in the applicant's statement of grounds dated 2nd November 1998.