DPP -v- Edward Anthony Farrell [2009] IECCA 92 (27 July 2009)

DPP -v- Edward Anthony Farrell [2009] IECCA 92 (27 July 2009)

The Court of Criminal Appeal is entitled to hear an application by the DPP under s. 2 of the Criminal Justice Act 1993 on the same material as it hears appeals under s. 33 of the Courts of Justice Act 1924, including judge's reports, and may proceed despite an incomplete transcript if a comprehensive judge's report is available, as this reflects the clear legislative intent.

Citation
[2009] IECCA 92
Parties
Prosecutor/applicant: Director of Public Prosecutions; Accused/respondent: Edward Anthony Farrell
Jurisdiction
Ireland
Judgment Date
27 July 2009
Procedural Posture
Application for Review of Sentence (undue Leniency) / Preliminary Ruling on Procedural Validity
Outcome
Application for review of sentence may proceed; procedural objections rejected.
Legal Topics
Review of Sentence, Undue Leniency, Court Procedure, Interpretation of Statutes
Criminal Law Procedural Law Review of Sentence Undue Leniency Court Procedure Interpretation of Statutes

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Parties

Director of Public Prosecutions

Prosecutor/applicant

Edward Anthony Farrell

Accused/respondent

Procedural Posture

Application for Review of Sentence (undue Leniency) / Preliminary Ruling on Procedural Validity

Legal Issues

  1. 1 Whether the Court of Criminal Appeal can proceed with a review of sentence under s. 2 of the Criminal Justice Act 1993 in the absence of a complete transcript
  2. 2 Whether s. 2 of the Criminal Justice Act 1993 implicitly incorporates the procedural regime of s. 33 of the Courts of Justice Act 1924
  3. 3 Whether the Court has jurisdiction to request a judge's report to supplement an incomplete transcript

Ratio Decidendi

The Court of Criminal Appeal is entitled to hear an application by the DPP under s. 2 of the Criminal Justice Act 1993 on the same material as it hears appeals under s. 33 of the Courts of Justice Act 1924, including judge's reports, and may proceed despite an incomplete transcript if a comprehensive judge's report is available, as this reflects the clear legislative intent.

Court Disposition

Application for review of sentence may proceed; procedural objections rejected.

Orders

  • Court directs that the undue leniency application proceed on the basis of the judge's report and available transcript.