D.P.P. v. Byrne [1998] IEHC 230 (17th November, 1998)

D.P.P. v. Byrne [1998] IEHC 230 (17th November, 1998)

It is not the function of the District Court to seek the consent of the DPP to alter the offence charged; the initiative must come from the DPP. The guilt or innocence of the accused on the charge is a matter solely for the District Judge based on the facts found.

Citation
[1998] IEHC 230
Parties
Prosecutor: Director of Public Prosecutions; Accused: Byrne; Co Prosecutor: Hogan
Jurisdiction
Ireland
Procedural Posture
Criminal Consultative Case Stated / High Court Consultative Opinion on Case Stated From District Court
Outcome
Consultative opinion issued; no determination of guilt or amendment of charge made.
Legal Topics
Larceny, Amendment of Charges, Role of Director of Public Prosecutions, Bailee Conversion
Criminal Law Larceny Amendment of Charges Role of Director of Public Prosecutions Bailee Conversion

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Byrne

Accused

Hogan

Co Prosecutor

Procedural Posture

Criminal Consultative Case Stated / High Court Consultative Opinion on Case Stated From District Court

Legal Issues

  1. 1 Whether the accused was guilty of an offence under the Larceny Act 1990 in view of Section 7 or of an attempt to commit an offence
  2. 2 Whether the charge should be amended to specify the contents of the bag as property of Dunnes Stores
  3. 3 Whether the District Judge should request the consent of the DPP before substituting an alternative charge under Section 8 of the Larceny Act 1990

Ratio Decidendi

It is not the function of the District Court to seek the consent of the DPP to alter the offence charged; the initiative must come from the DPP. The guilt or innocence of the accused on the charge is a matter solely for the District Judge based on the facts found.

Court Disposition

Consultative opinion issued; no determination of guilt or amendment of charge made.