E.R. v Director of Public Prosecutions [2019] IESC 86 (06 December 2019)

E.R. v Director of Public Prosecutions [2019] IESC 86 (06 December 2019)

Judicial review is not the appropriate remedy for challenging a trial judge's ruling made during the course of a criminal trial unless there is a fundamental denial of justice. The trial judge's intervention, while undesirable, did not amount to such a denial, and the decision to refuse to allow ER to change her plea was within the judge's discretion. The appeal is dismissed.

Citation
[2019] IESC 86
Parties
Applicant/appellant: ER; Prosecutor/respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
06 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal dismissed
Legal Topics
Plea of Guilty, Judicial Review in Criminal Trials, Trial Judge Intervention, Fair Trial Rights, Change of Plea, Plea Bargaining
Criminal Law Constitutional Law Judicial Review Plea of Guilty Judicial Review in Criminal Trials Trial Judge Intervention Fair Trial Rights Change of Plea +1 more

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Parties

ER

Applicant/appellant

Director of Public Prosecutions

Prosecutor/respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Court of Appeal was correct to permit the DPP to argue that the case was inappropriate for judicial review
  2. 2 Whether the Court of Appeal was correct to dismiss the case on the ground that it was inappropriate for judicial review
  3. 3 Whether the trial judge’s intervention on 11 October 2016 was such that the plea of guilty should be vacated

Ratio Decidendi

Judicial review is not the appropriate remedy for challenging a trial judge's ruling made during the course of a criminal trial unless there is a fundamental denial of justice. The trial judge's intervention, while undesirable, did not amount to such a denial, and the decision to refuse to allow ER to change her plea was within the judge's discretion. The appeal is dismissed.

Court Disposition

appeal dismissed