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Courts Service · 2004-07-30 · courts

Court refuses leave to appeal convictions over petrol bomb attack on Clare home

court refuses leave to appeal convictions over petrol bomb attack on clare home the of criminal said trial judge’s directions addressed concerns about jury impartiality and found no basis grant either applicant appeal. refused noel price michael stanners their arising from a in clonlara, co clare, 1

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Courts Service · 2004-07-30 · courts

Supreme Court allows appeal over Irish status of revenue-cheating offence

supreme court allows appeal over irish status of revenue-cheating offence the concluded that law did not recognise a sufficiently clear common-law corresponding to charge in english warrant. judgment addresses ground appeal. allowed anthony karl frank baird hilton’s against high order for his rendit

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Courts Service · 2004-07-30 · courts

Supreme Court allows historic sexual abuse trial to proceed despite delay and publicity

supreme court allows historic sexual abuse trial to proceed despite delay and publicity the has refused stop prosecution of a former swimming coach on 16 charges indecent assault three rape arising from alleged schoolgirl in 1970s. applicant, identified as do’r, argued that passage more than 20 year

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Courts Service · 2004-07-30 · courts

Supreme Court overturns refusal of Colm Maguire’s bail application over 20-month wait for trial

supreme court overturns refusal of colm maguire’s bail application over 20-month wait for trial [2004] iesc 53 the has overturned a high to maguire, ruling that anticipated length time he would spend in custody awaiting had be considered when his was assessed. maguire charged before special criminal

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Courts Service · 2004-07-30 · courts

Appeal court quashes two convictions and orders retrial in Cork firearms case

appeal court quashes two convictions and orders retrial in cork firearms case the of criminal upheld for possessing a firearm ammunition without certificates, but found jury had not been properly directed on self-defence other counts. quashed patrick “rubber og” o’reilly’s four arising from disturba

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Courts Service · 2004-07-30 · courts

High Court quashes refusal to reconsider deportation order after suicide risk raised

high court quashes refusal to reconsider deportation order after suicide risk raised the ruled that minister should have waited for a psychotherapist’s report before deciding not revoke order, then quashed 5 july 2002 decision. [2004] iehc 426 decision by justice solicitor concerns applicant was at

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Courts Service · 2004-07-29 · courts

Supreme Court dismisses appeal in German extradition case

supreme court dismisses appeal in german extradition case the rejected challenges to procedure used and high court’s assessment of conflicting evidence about arrest. has dismissed akpojo tor koulibaly’s against a decision proceedings arising from germany’s request for his over fraud forgery offences

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Courts Service · 2004-07-29 · courts

Supreme Court orders retrial in school supervision injury case

supreme court orders retrial in school supervision injury case the appeal set aside €50,000 award after finding trial judge used school’s roster as legal standard of care without applying objective standard. liability issue must be tried again. has allowed an over a student’s eye at enniscorthy and

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Courts Service · 2004-07-29 · courts

Supreme Court dismisses school authority’s appeal over pupil’s eye injury

supreme court dismisses school authority’s appeal over pupil’s eye injury the upheld a €50,000 damages award, finding that school’s failure to provide lunch-time supervision breached its duty of care. it found no evidence contributory negligence. 410/2003 has dismissed county wexford vec’s against a

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Courts Service · 2004-07-28 · courts

Supreme Court prohibits trial on two assault charges after finding fair-trial risk

supreme court prohibits trial on two assault charges after finding fair-trial risk the allowed j m’s appeal over relating to pb, citing combined effect of delay and concerns about evidence. nineteen separate jb were not being pursued. has prohibited prosecution m indecent ruling that circumstances c

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Courts Service · 2004-07-28 · courts

Court rejects Cork teacher’s appeal against rape and sexual assault convictions

court rejects cork teacher’s appeal against rape and sexual assault convictions of criminal the has rejected a former remedial for raping sexually assaulting an 11-year-old pupil at school in area. d.o’s. was tried central 2001 on three counts four relating to d.c., who attended classes with him bet

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Courts Service · 2004-07-28 · courts

Court refuses William Roche leave to appeal murder and false imprisonment convictions

court refuses william roche leave to appeal murder and false imprisonment convictions the of criminal rejected four grounds concerning roche’s fitness for trial, admission his statements, jury directions corroboration. refused application murdering falsely imprisoning john carroll. in a judgment del

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Courts Service · 2004-07-28 · courts

Supreme Court allows prosecutions over alleged 1970s abuse of two brothers to proceed

supreme court allows prosecutions over alleged 1970s abuse of two brothers to proceed the has upheld a decision allowing sexual in despite delay more than decades before allegations reached gardaí. accused, identified only as t.w., faced separate prosecutions. one involved an allegation buggery and

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Courts Service · 2004-07-28 · courts

New bank records lead appeal court to quash George Redmond’s corruption convictions

new bank records lead appeal court to quash george redmond’s corruption convictions the of criminal ruled that disproving a key prosecution witness’s claim about withdrawing £10,000 raised strong possibility reasonable doubt. it declined order retrial. has quashed on two charges after newly produced

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Courts Service · 2004-07-28 · courts

Court refuses leave to appeal murder conviction despite provocation misdirection

court refuses leave to appeal murder conviction despite provocation misdirection the of criminal found that jury had been misdirected on burden proof for provocation, but concluded error caused no miscarriage justice. has refused ismet ceka’s application his conviction, concluding a did not cause ce

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Courts Service · 2004-07-28 · courts

Criminal Appeal Court certifies legal question on endangerment offence

criminal appeal court certifies legal question on endangerment offence the certified a point of law after dismissing ronan mcgrath’s against conviction in may 2004. source does not state or sentence. c.c.a. no. 154 2002 has about whether statutory can apply circumstances such as those case. decision

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Courts Service · 2004-07-27 · courts

Supreme Court upholds time extension for family’s deportation challenge, narrows grounds for review

supreme court upholds time extension for family’s deportation challenge, narrows grounds review the dismissed minister’s appeal against an allowing judicial proceedings to proceed, but removed one ground that challenged earlier asylum refusal. minister justice’s of granted a mother and her two child

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Courts Service · 2004-07-27 · courts

Supreme Court dismisses surgeon’s appeal over retained foetal bone

supreme court dismisses surgeon’s appeal over retained foetal bone the upheld high court’s negligence finding a failure to check for major bony structures, but set aside its separate that an ultrasound scan should have been performed. has dismissed against she was negligent in checking whether uteri

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Courts Service · 2004-07-27 · courts

Court of Criminal Appeal reduces manslaughter sentence from 14 years to eight

court of criminal appeal reduces manslaughter sentence from 14 years to eight the allowed garrett cooney’s appeal, finding that sentencing judge had erred in principle by giving insufficient consideration relevant personal and mitigating factors. reduced 14-year prison for years, after principle. a

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Courts Service · 2004-07-23 · courts

High Court orders publication of National Irish Bank inspectors’ report, rejects winding up

high court orders publication of national irish bank inspectors’ report, rejects winding up the directed that report be published in full from 30 july 2004. it declined to wind or its subsidiary and made other on access, records costs. [2004] iehc 287 final financial services limited printed 10am re

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Courts Service · 2004-07-20 · courts

Court quashes Lynda Lee’s Balbriggan shoplifting conviction over flawed identification evidence

court quashes lynda lee’s balbriggan shoplifting conviction over flawed identification evidence of criminal appeal the has quashed for stealing a leather jacket from clothing shop and ruled that there should be no retrial. lee had been convicted by circuit jury black elegance fashions in bridge stre

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Courts Service · 2004-07-20 · courts

Supreme Court says woman’s medical negligence claim was time-barred

supreme court says woman’s medical negligence claim was time-barred the concluded that a over an ovary removal should be dismissed because proceedings were issued after statutory period had expired. rosemary cunningham’s against doctor and five other defendants barred by statute of limitations. in j

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Courts Service · 2004-07-20 · courts

Supreme Court rules 1991 ovary-removal claim was out of time

supreme court rules 1991 ovary-removal claim was out of time the allowed an appeal on a preliminary limitation point, finding that claimant deemed to have knowledge alleged injury by december 1998. it directed her be dismissed. 399/03 & 403/03 in medical negligence case over removal woman’s ovary, r

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Courts Service · 2004-07-15 · courts

Supreme Court says cattle inseminator was an independent contractor

supreme court says cattle inseminator was an independent contractor the held that evidence did not allow appeals officer to find michael walsh employee, and directed original decision be restored. employed by castleisland breeding society limited. it decision, which classified him as found his work

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Courts Service · 2004-07-15 · courts

Supreme Court dismisses Grianan centre’s claim over disputed event uses

supreme court dismisses grianan centre’s claim over disputed event uses the allowed donegal county council’s appeal, holding that dispute about proposed had to be determined through planning process, not by a free-standing high declaration. appeal and dismissed an aileach interpretative centre compa

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Courts Service · 2004-07-15 · courts

Supreme Court orders new trial in hospital negligence appeal

supreme court orders new trial in hospital negligence appeal the set aside a high finding that st. james’s was liable for patient’s shoulder injury, ruling judge applied wrong legal approach. it did not decide whether negligent. has injury and ordered on liability. negligent or determine damages. co

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Courts Service · 2004-07-13 · courts

Supreme Court affirms Bayworld’s right to inspect solicitors’ files

supreme court affirms bayworld’s right to inspect solicitors’ files the held that bayworld had a solicitor-client relationship with firm and was entitled originals obtain copies of documents relating transactions carried out on its behalf. dismissed appeal against an order requiring them hand over i

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Courts Service · 2004-07-13 · courts

Court of Criminal Appeal refuses DPP bid to increase suspended sentence for rape

court of criminal appeal refuses dpp bid to increase suspended sentence for rape the found 15-year-old respondent’s case exceptional and held that his was not unduly lenient. 22cja/2004 has refused an application by director public prosecutions review as lenient imposed on a teenager who pleaded gui

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Courts Service · 2004-07-09 · courts

Supreme Court rules 14-day judicial review limit covers refusal of fresh asylum application consent

supreme court rules 14-day judicial review limit covers refusal of fresh asylum application consent the allowed minister’s appeal, holding that under section 17(7) was a “refusal” for statutory time-limit provision. [2004] iesc 36 ireland held by minister justice to falls within seeking review. it a

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Courts Service · 2004-07-06 · courts

Court quashes murder conviction and orders retrial over self-defence directions

court quashes murder conviction and orders retrial over self-defence directions the of criminal appeal held that jury had not been given required option manslaughter in a case involving claim self-defence. [2004] iecca 16 quashed richard o’carroll’s ordered after finding properly directed on possibl

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Courts Service · 2004-07-06 · courts

Criminal Appeal Court Allows Redmond to Adduce Bank Records on Appeal

criminal appeal court allows redmond to adduce bank records on the granted leave introduce as new evidence and add a ground arguing that george redmond’s corruption convictions are unsafe. it did not decide or ground. of has allowed in his whether undermine convictions; directed counsel be heard how

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Courts Service · 2004-07-05 · courts

Appeal court sets aside sentencing approach but imposes same 10-year term for manslaughter

appeal court sets aside sentencing approach but imposes same 10-year term for manslaughter the of criminal found an error in principle original approach, then imposed a sentence after weighing offence and mitigating factors. [2004] iecca 13 set used stephen aherne’s conviction, finding it had involv

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Courts Service · 2004-07-05 · courts

Appeal court replaces 14-year manslaughter sentence with eight years

appeal court replaces 14-year manslaughter sentence with eight years the of criminal found original was wrong in principle because trial judge treated 20 as a minimum for fatal knife offences. it substituted an eight-year running from date conviction. [2004] iecca 14 replaced stephen kelly’s years,

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Courts Service · 2004-07-02 · courts

High Court finds maternity hospital liable over breakdown in labour care

high court finds maternity hospital liable over breakdown in labour care the rejected claim that a planned episiotomy was required, but found midwifery regime broke down during 1994 delivery and awarded €255,500. [2004] iehc 427 defendants negligence after concluding woman’s at national hospital. it

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