D.P.P. (People) v. Halligan [2008] IECCA 96 (4 July 2008)

D.P.P. (People) v. Halligan [2008] IECCA 96 (4 July 2008)

The new evidence meets the established criteria for admission and is a matter for the jury; appeal allowed, conviction quashed, and new trial ordered.

Citation
[2008] IECCA 96
Parties
Prosecutor: Director of Public Prosecutions; Applicant: William Halligan
Jurisdiction
Ireland
Judgment Date
04 July 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Treated as Hearing of Appeal
Outcome
appeal allowed
Legal Topics
New Evidence, Identification, Appeal Procedure
Criminal Law New Evidence Identification Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Prosecutor

William Halligan

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Treated as Hearing of Appeal

Legal Issues

  1. 1 admissibility of new evidence on appeal
  2. 2 adequacy of identification charge

Ratio Decidendi

The new evidence meets the established criteria for admission and is a matter for the jury; appeal allowed, conviction quashed, and new trial ordered.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • new trial ordered