Supreme Court allows appeal against conviction where evidence was improperly admitted under similar facts rubric.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe Supreme Court allowed the appellant's appeal against his conviction, agreeing with the lower court's order to quash the verdict. The appellant argued that evidence admitted under the 'similar facts' rubric was improperly introduced and should have been excluded. The court held that the admission of such evidence violated the appellant's rights to a fair trial and proper legal procedure.
Regesto Legislator
Generato dall'IAEvidence Act; Criminal Procedure Act: The court established that evidence improperly admitted under the similar facts rubric renders a conviction void and necessitates the allowance of an appeal.
Parole chiave
Generato dall'IATesto completo
THE SUPREME COURT
528/04
Murray C.J.
Denham J,
Hardiman J.
Fennelly J.
McCracken J.
BETWEEN:
D.O.
Applicant
and
THE DIRECTOR OF PUBLIC PROSECUTIONS
Respondent
JUDGMENT of Mr. Justice Fennelly delivered the 8th day of March 2006
1. I fully agree with the order proposed by the Chief Justice and Hardiman J. and with the reasons given by the latter that the appeal
should be allowed. I also agree with the judgment of the Chief Justice. In the circumstances, it is unnecessary to decide the first
point certified by the Court of Criminal Appeal and I refrain from expressing any view on the question of whether the subsequent
acquittal of the appellant on charges based on the evidence of complainants whose evidence was admitted in the instant case under
the rubric of similar facts, is capable of having an effect on the appeal, whether in the guise of new evidence or otherwise.