D.P.P.-v- Owen Reid & Christopher Kirwan [2004] IECCA 3 (12 February 2004)

D.P.P.-v- Owen Reid & Christopher Kirwan [2004] IECCA 3 (12 February 2004)

No prima facie case of affray against Owen Reid as there was no evidence of him using or threatening unlawful violence towards any person except Gardaí, and he was acquitted of assault. In Kirwan's case, jury directions misstated the evidential standard by requiring two views to be 'equal' rather than 'possible', rendering the conviction unsafe.

Citation
[2004] IECCA 3
Parties
Applicant: Owen Reid; Applicant: Christopher Kirwan; Prosecutor: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
12 February 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed, convictions quashed, no retrial ordered
Legal Topics
Affray, Assault, Jury Directions, Evidential Standards
Criminal Law Affray Assault Jury Directions Evidential Standards

Case Brief

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Parties

Owen Reid

Applicant

Christopher Kirwan

Applicant

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a prima facie case of affray against Owen Reid
  2. 2 Whether jury directions on evidential standards were correct in Christopher Kirwan's case
  3. 3 Consistency of affray conviction with acquittal on assault charges

Ratio Decidendi

No prima facie case of affray against Owen Reid as there was no evidence of him using or threatening unlawful violence towards any person except Gardaí, and he was acquitted of assault. In Kirwan's case, jury directions misstated the evidential standard by requiring two views to be 'equal' rather than 'possible', rendering the conviction unsafe.

Court Disposition

Appeal allowed, convictions quashed, no retrial ordered

Orders

  • Convictions quashed
  • No retrial directed