D.P.P. (People) v. Doran [1987] IECCA 2 (7 December 1987)

D.P.P. (People) v. Doran [1987] IECCA 2 (7 December 1987)

The Court found that there was no purpose in asking the jury to consider the detail set out in the written statements as an alternative factual basis for self-defence, as this was not advanced at trial or in the grounds of appeal. The trial judge's charge was painstaking and accurate, properly leaving the critical issue to the jury.

Citation
[1987] IECCA 2
Parties
Prosecution: Director of Public Prosecutions; Accused: Edward Doran
Jurisdiction
Ireland
Judgment Date
07 December 1987
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Self Defence, Murder, Manslaughter, Jury Directions, Admissibility of Statements
Criminal Law Self Defence Murder Manslaughter Jury Directions Admissibility of Statements

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Prosecution

Edward Doran

Accused

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in failing to put an alternative factual basis for self-defence to the jury based on the accused's written statements
  2. 2 Whether the trial judge's charge was unduly favourable to the prosecution

Ratio Decidendi

The Court found that there was no purpose in asking the jury to consider the detail set out in the written statements as an alternative factual basis for self-defence, as this was not advanced at trial or in the grounds of appeal. The trial judge's charge was painstaking and accurate, properly leaving the critical issue to the jury.

Court Disposition

application for leave to appeal dismissed