D.P.P.-v- Troy Jordan & David Deegan, [2006] IE CCA 71 (2006)

Docket Number:162/05 & 186/05
Judge:Geoghegan J.
 
FREE EXCERPT

COURT OF CRIMINAL APPEAL

162 & 186/05Geoghegan J.

Lavan J.

Murphy J.

THE PEOPLE AT THE SUIT OF THE

DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

v.

TROY JORDAN AND DAVID DEEGAN

Applicants

Judgment of the Court delivered by Mr. Justice Geoghegan on 30th day of May 2006

This is an application by the two above-named applicants for leave to appeal against a conviction of cruelty to animals contrary to section 1(1)(a) of the Protection of Animals Acts, 1911 and 1965, as amended by section 48 of the Control of Horses Act, 1996.

The relevant indictment originally included a number of other defendants and contained two counts. The two counts in their original form read as follows:"Count No. 1: Cruelty to animals, contrary to section 1(1)(a) of the Protection of Animals Acts, 1911 and 1965, as amended by section 48 of the Control of Horses Act, 1996.

Particulars of offence:

Each of you the accused, did on the 31st October 2003, at Brockagh, Robertstown, Naas, Co. Kildare, did cruelly ill-treat, infuriate or terrify two animals, to wit, two American pit bull terrier bitches such as to cause unnecessary suffering to the animals.

Count No. 2: Statement of offenceCruelty to animals contrary to section 1(1)(c) of the Protections of Animals Acts, 1911 and 1965, as amended by section 48 of the Control of Horses Act, 1996.Particulars of offence

Each of you the accused, did on the 31st October, 2003, at Brockagh, Robertstown, Naas, Co. Kildare, did cause, procure or assist at the fighting of two animals, or did use, manage or act or assist in the management of that place for the purpose of fighting animals, to wit, two American pit bull terrier bitches."

Upon an application for a direction to enter a verdict of not guilty made by counsel for the two respective applicants to the trial judge in the Circuit Court (His Honour Judge McCartan) the learned trial judge, struck out count No. 2 as being void for duplicity. He both refused to strike out and refused a direction in respect of count No. 1 but he did direct amendment of the particulars of that count so that the particulars in their amended form would read as follows:

"Each of you the accused, did on the 31st October 2003, at Brockagh, Robertstown, Naas, Co. Kildare did cruelly ill-treat two animals, to wit, two pit bull terrier bitches such as to cause unnecessary suffering to the animals."

Each of the applicants was convicted by a jury of the offence alleged in count No. 1 as amended. The application for...

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