Courts / Ireland / Report

High Court decision on woman's change of plea is overturned on appeal

Summary

In a 2018 High Court case, a woman who had pleaded guilty to assaulting her four‑year‑old son was later denied the right to change her plea. The court held that the judge's comments had unduly influenced her decision, but the High Court quashed the refusal to allow a judicial review. The Director of Public Prosecutions appealed, arguing that the trial had not yet concluded and that a judicial review was premature. The Court of Appeal, led by Mr Justice John Hedigan, ruled that a judicial review should not intervene before sentencing. The court emphasized that the appropriate remedy was to proceed to sentencing and, only after that, consider an appeal. The decision was joined by Mr Justice John Edwards and Mr Justice Patrick McCarthy. The unnamed accused pleaded not guilty.

Who, what, where, when and why

What: Report matter: High Court decision on woman's change of plea is overturned on appeal. Charges or matters: serious assault, assault causing harm and cruelty to children after the child was admitted to hospital with internal bleeding and life threatening injuries in July 2010. Procedural stage: appeal

When:

• July 2010 Incident
• 2018-10-01 Publication

Why: The Director of Public Prosecutions successfully appealed the High Court's decision today on the central ground that the woman should not have brought a judicial review because the trial process had not yet concluded. Prosecution account reported by CNI

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report