Corbally v. McCartan [2003] IEHC 107 (9 December 2003)

Corbally v. McCartan [2003] IEHC 107 (9 December 2003)

Judicial review is not appropriate in circumstances where an appeal to the Court of Criminal Appeal is available and more suitable; the trial judge's decision did not involve a blatant error of jurisdiction and was based on interpretation of relevant law and facts.

Source-derived case information.

Citation
[2003] IEHC 107
Parties
Applicant: Paul Corbally; Respondent: His Honour Patrick McCartan; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
09 December 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Fair Trial, Evidence Disclosure, Visual Identification, Missing Evidence, Appropriate Remedy
Criminal Law Judicial Review Fair Trial Evidence Disclosure Visual Identification Missing Evidence Appropriate Remedy

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Parties

Paul Corbally

Applicant

His Honour Patrick McCartan

Respondent

Director of Public Prosecutions

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing to direct the jury to acquit due to missing video evidence
  2. 2 Whether judicial review is appropriate post-conviction when appeal is available

Ratio Decidendi

Judicial review is not appropriate in circumstances where an appeal to the Court of Criminal Appeal is available and more suitable; the trial judge's decision did not involve a blatant error of jurisdiction and was based on interpretation of relevant law and facts.

Court Disposition

application dismissed

Orders

  • Application for certiorari dismissed