D.P.P.-v- Martin Joseph Sweeney & Michael Sweeney [2007] IECCA 44 (16 May 2007)

D.P.P.-v- Martin Joseph Sweeney & Michael Sweeney [2007] IECCA 44 (16 May 2007)

The offences of violent disorder and criminal damage have different legal ingredients and are not alternatives. The jury was entitled to reach different verdicts on each count. There was no manifest inconsistency in the verdicts, and the applicants failed to establish that no reasonable jury could have reached the verdicts returned. The court will not intervene unless verdicts are necessarily inconsistent, which was not the case here.

Citation
[2007] IECCA 44
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Martin Joseph Sweeney; Applicant: Michael Sweeney
Jurisdiction
Ireland
Judgment Date
16 May 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Inconsistent Verdicts, Violent Disorder, Criminal Damage, Jury Verdicts, Appeals
Criminal Law Inconsistent Verdicts Violent Disorder Criminal Damage Jury Verdicts Appeals

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Parties

Director of Public Prosecutions

Prosecutor

Martin Joseph Sweeney

Applicant

Michael Sweeney

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury's verdicts of not guilty on violent disorder and guilty on criminal damage were necessarily inconsistent and should be set aside

Ratio Decidendi

The offences of violent disorder and criminal damage have different legal ingredients and are not alternatives. The jury was entitled to reach different verdicts on each count. There was no manifest inconsistency in the verdicts, and the applicants failed to establish that no reasonable jury could have reached the verdicts returned. The court will not intervene unless verdicts are necessarily inconsistent, which was not the case here.

Court Disposition

Appeal dismissed

Orders

  • Applications for leave to appeal against conviction dismissed