Judgment: 2006-03-08 · Court archive

Supreme Court allows D.O.’s appeal without deciding certified question

Justice Fennelly agreed with the proposed order and reasons for allowing the appeal, saying it was unnecessary to decide the first point certified by the Court of Criminal Appeal.

The Supreme Court ·

Who, what, where, when and why

Who
  • D.O. (Applicant)
  • The Director of Public Prosecutions (Respondent)
What

Justice Fennelly agreed with the proposed order and reasons for allowing the appeal, saying it was unnecessary to decide the first point certified by the Court of Criminal Appeal.

Where

No place detail is included in this summary.

When

Judgment:

Why

Read the report below for the decision and any reasons given.

The Supreme Court allowed an appeal by D.O., an applicant, in a case against the Director of Public Prosecutions, according to a judgment delivered by Justice Fennelly on 8 March 2006.

Justice Fennelly said he agreed with the order proposed by the Chief Justice and Justice Hardiman, and with Justice Hardiman’s reasons for allowing the appeal. He also agreed with the Chief Justice’s judgment.

The judgment said the court did not need to decide the first point certified by the Court of Criminal Appeal. Justice Fennelly therefore expressed no view on whether the appellant’s subsequent acquittal on charges based on evidence from complainants admitted in this case as similar-facts evidence could affect the appeal, whether as new evidence or otherwise.

The source records that the appeal was allowed. It does not set out the full order, the underlying appeal grounds, or the judgments of the Chief Justice and Justice Hardiman.

Read the original court judgment

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