Director of Public Prosecutions -v- Cunningham [2013] IECCA 62 (29 July 2013)

Director of Public Prosecutions -v- Cunningham [2013] IECCA 62 (29 July 2013)

The Court retains jurisdiction to order the State to pay costs of appeal and retrial if the accused did not avail of legal aid for the appeal and does not seek legal aid for the retrial, regardless of the grant of a legal aid certificate for the original trial.

Citation
[2013] IECCA 62
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Timothy Cunningham
Jurisdiction
Ireland
Judgment Date
29 July 2013
Procedural Posture
Criminal Appeal / Preliminary Issue on Costs After Successful Appeal and Retrial Order
Outcome
Court enjoys jurisdiction to order State to pay costs of appeal and retrial, legal aid certificate for original trial notwithstanding.
Legal Topics
Money Laundering, Legal Aid Certificate, Costs of Appeal, Retrial
Criminal Law Legal Aid Costs Money Laundering Legal Aid Certificate Costs of Appeal Retrial

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Timothy Cunningham

Defendant

Procedural Posture

Criminal Appeal / Preliminary Issue on Costs After Successful Appeal and Retrial Order

Legal Issues

  1. 1 Whether the existence of a legal aid certificate for the original trial precludes an award of costs for a successful appeal and retrial

Ratio Decidendi

The Court retains jurisdiction to order the State to pay costs of appeal and retrial if the accused did not avail of legal aid for the appeal and does not seek legal aid for the retrial, regardless of the grant of a legal aid certificate for the original trial.

Court Disposition

Court enjoys jurisdiction to order State to pay costs of appeal and retrial, legal aid certificate for original trial notwithstanding.

Orders

  • State may be ordered to pay costs of appeal and retrial if legal aid certificate not availed of for appeal or retrial.