D.P.P.-v- William Kenny [2004] IECCA 2 (05 February 2004)

D.P.P.-v- William Kenny [2004] IECCA 2 (05 February 2004)

None of the grounds raised by the applicant constituted a point of law of exceptional public importance as required for certification under Section 29 of the Courts of Justice Act, 1924; the issues were either within judicial discretion, not argued before the court, or not of sufficient public importance.

Citation
[2004] IECCA 2
Parties
Prosecutor: Director of Public Prosecutions; Applicant: William Kenny
Jurisdiction
Ireland
Judgment Date
05 February 2004
Procedural Posture
Criminal Appeal / Application for Section 29 Certificate After Dismissal of Appeal
Outcome
application for Section 29 certificate refused
Legal Topics
Jury Empanelment, Hostile Witnesses, Judicial Directions, Section 29 Certification
Criminal Law Appellate Procedure Jury Empanelment Hostile Witnesses Judicial Directions Section 29 Certification

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

William Kenny

Applicant

Procedural Posture

Criminal Appeal / Application for Section 29 Certificate After Dismissal of Appeal

Legal Issues

  1. 1 Whether the trial judge breached the Constitution or Juries Act, 1976 during jury empanelment by communicating with prospective jurors individually
  2. 2 Whether the procedure for treating hostile witnesses warranted certification for appeal
  3. 3 Whether a trial judge may direct a jury on an inference not supported by prosecution evidence or prior notice

Ratio Decidendi

None of the grounds raised by the applicant constituted a point of law of exceptional public importance as required for certification under Section 29 of the Courts of Justice Act, 1924; the issues were either within judicial discretion, not argued before the court, or not of sufficient public importance.

Court Disposition

application for Section 29 certificate refused

Orders

  • Application for certification under Section 29 of the Courts of Justice Act, 1924 refused.