D.P.P. -v- Ronan McGrath [2004] IECCA 20 (28 July 2004)

The court granted certification of the legal question whether section 13 endangerment offence covers the circumstances of the case.

Citation: [2004] IECCA 20
Parties: Prosecutor: Director of Public Prosecutions; Applicant: Ronan McGrath
Jurisdiction: Ireland
Judgment Date: 28 July 2004
Procedural Posture: Criminal Appeal / Application for Certificate Under Section 29
Outcome: Section 29 application granted
Legal Topics: Endangerment, Interpretation of Statutory Offence

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Director of Public Prosecutions

Prosecutor

Ronan McGrath

Applicant

Criminal Appeal / Application for Certificate Under Section 29

1 Whether the offence of endangerment under section 13 of the Non-Fatal Offences Against the Person Act, 1997 covers the circumstances of the instant case

The court granted certification of the legal question whether section 13 endangerment offence covers the circumstances of the case.

Section 29 application granted

Certificate granted on the point of law: 'Is the offence of endangerment contrary to section 13 of the Non-Fatal Offences Against the Person Act, 1997 capable of being construed so as to cover circumstances such as in the instant case.'