D.P.P.-v- Thomas Hickey & Jeremiah Hickey [2007] IECCA 98 (09 November 2007)

D.P.P.-v- Thomas Hickey & Jeremiah Hickey [2007] IECCA 98 (09 November 2007)

The court found that none of the incidents cited by the applicants, individually or cumulatively, satisfied the test for objective bias. The trial judge's reference to the Spike Island statement was a simple error that was adequately corrected. The length of the judge's charge was justified by the complexity and interruptions of the trial and did not confuse the jury. The composite computer evidence was properly admitted as it was an abstract of business records compiled in the ordinary course of business and met statutory requirements. Accordingly, the applicants failed to establish any grounds for appeal.

Citation
[2007] IECCA 98
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Thomas Hickey; Applicant: Jeremiah Hickey
Jurisdiction
Ireland
Judgment Date
09 November 2007
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Conspiracy to Defraud, Jury Bias, Judicial Bias, Admissibility of Evidence, Trial Procedure
Criminal Law Conspiracy to Defraud Jury Bias Judicial Bias Admissibility of Evidence Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Director of Public Prosecutions

Prosecutor

Thomas Hickey

Applicant

Jeremiah Hickey

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the trial judge demonstrated objective bias
  2. 2 Whether the trial judge's reference to the Spike Island statement was prejudicial
  3. 3 Whether the judge's charge to the jury was excessively protracted and prejudicial

Ratio Decidendi

The court found that none of the incidents cited by the applicants, individually or cumulatively, satisfied the test for objective bias. The trial judge's reference to the Spike Island statement was a simple error that was adequately corrected. The length of the judge's charge was justified by the complexity and interruptions of the trial and did not confuse the jury. The composite computer evidence was properly admitted as it was an abstract of business records compiled in the ordinary course of business and met statutory requirements. Accordingly, the applicants failed to establish any grounds for appeal.

Court Disposition

leave to appeal refused