DPP -v- Beroket Mekonnen [2011] IECCA 74 (13 October 2011)

DPP -v- Beroket Mekonnen [2011] IECCA 74 (13 October 2011)

The court held that the informal identification procedure at Busáras was objectively justified given the circumstances and conducted with fairness. The trial judge's directions to the jury regarding identification evidence and the relative status of formal and informal parades were adequate. Although the charge on inferences was incomplete, it did not render the verdict unsafe or unsatisfactory. No miscarriage of justice occurred, and leave to appeal was refused.

Citation
[2011] IECCA 74
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: Beroket Mekonnen
Jurisdiction
Ireland
Judgment Date
13 October 2011
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal Against Conviction
Outcome
leave to appeal refused
Legal Topics
Visual Identification Evidence, Fairness in Identification Procedures, Jury Directions, Standard of Proof, Onus of Proof, Miscarriage of Justice
Criminal Law Visual Identification Evidence Fairness in Identification Procedures Jury Directions Standard of Proof Onus of Proof Miscarriage of Justice

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Beroket Mekonnen

Accused/appellant

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal Against Conviction

Legal Issues

  1. 1 Admissibility and fairness of informal identification evidence
  2. 2 Adequacy of jury directions on identification evidence
  3. 3 Proper application of standard and onus of proof

Ratio Decidendi

The court held that the informal identification procedure at Busáras was objectively justified given the circumstances and conducted with fairness. The trial judge's directions to the jury regarding identification evidence and the relative status of formal and informal parades were adequate. Although the charge on inferences was incomplete, it did not render the verdict unsafe or unsatisfactory. No miscarriage of justice occurred, and leave to appeal was refused.

Court Disposition

leave to appeal refused