Feeney -v- National Transport Authority [2018] IEHC 373 (28 June 2018)
The applicant's counsel had sufficient opportunity to make submissions in mitigation during or immediately after the Circuit Judge's ruling on sentence; failure to intervene or request the Judge's return to the bench deprives the applicant of discretionary relief. No breach of fair procedures or natural justice occurred.
- Citation
- [2018] IEHC 373
- Parties
- Applicant: Stephen Feeney; Respondent: National Transport Authority
- Jurisdiction
- Ireland
- Judgment Date
- 28 June 2018
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Relief denied; application for judicial review refused.
- Legal Topics
- Fair Procedures, Sentencing, Audi Alteram Partem, Mitigation, Natural Justice
Case Brief
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Parties
Stephen Feeney
Applicant
National Transport Authority
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the applicant was deprived of a hearing on sentence and costs in breach of fair procedures
- 2 Whether the Circuit Judge failed to afford counsel an opportunity to make submissions in mitigation
Ratio Decidendi
The applicant's counsel had sufficient opportunity to make submissions in mitigation during or immediately after the Circuit Judge's ruling on sentence; failure to intervene or request the Judge's return to the bench deprives the applicant of discretionary relief. No breach of fair procedures or natural justice occurred.
Court Disposition
Relief denied; application for judicial review refused.
Orders
- No order of certiorari granted
- Conviction and sentence affirmed
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