D.P.P.-v- Mark Lacy [2005] IECCA 70 (12 May 2005)

D.P.P.-v- Mark Lacy [2005] IECCA 70 (12 May 2005)

The prosecution's removal of Darragh O'Regan from the book of evidence without good reason, thereby forcing the defence to call him, was unfair and rendered the conviction unsafe. The trial judge erred in law in permitting this procedure.

Citation
[2005] IECCA 70
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Mark Lacy
Jurisdiction
Ireland
Judgment Date
12 May 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
conviction quashed, no retrial ordered
Legal Topics
Assault Causing Harm, Calling of Witnesses, Prosecutorial Discretion, Fair Trial, Book of Evidence
Criminal Law Assault Causing Harm Calling of Witnesses Prosecutorial Discretion Fair Trial Book of Evidence

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Mark Lacy

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the prosecution may remove a witness from the book of evidence without calling or tendering him
  2. 2 Whether such removal, forcing the defence to call the witness, renders the conviction unsafe

Ratio Decidendi

The prosecution's removal of Darragh O'Regan from the book of evidence without good reason, thereby forcing the defence to call him, was unfair and rendered the conviction unsafe. The trial judge erred in law in permitting this procedure.

Court Disposition

conviction quashed, no retrial ordered

Orders

  • Leave to appeal granted
  • Appeal allowed