DPP v Adams

• Jurisdiction: Ireland
• Court: Court of Appeal (Ireland)
• Judge: Mr. Justice Hedigan
• Judgment Date: 24 April 2018
• Neutral Citation: [2018] IECA 114
• Docket Number: Appeal No. 265/2016
• Date: 24 April 2018

[2018] IECA 114

THE COURT OF APPEAL

CRIMINAL

Hedigan J.

Birmingham J.

Mahon J.

Hedigan J.

Appeal No. 265/2016

IN THE MATTER OF SECTION 2 OF THE CRIMINAL PROCEDURE ACT 1993

BETWEEN

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

AND

JOHN ADAMS

APPELLANT

Sentencing – Sexual offences – Newly discovered fact – Applicant seeking to appeal against sentences – Whether applicant could rely on a purported change in Irish law as being a “newly discovered fact” for the purposes of s. 2 of the Criminal Procedure Act 1993

Facts: The applicant, Mr Adams, on 14th July 2003, pleaded guilty to four counts of unlawful carnal knowledge and to two counts of sexual assault. The offences related to three child victims. Om 28th July 2003, Carney J sentenced the applicant to discretionary sentences of life imprisonment on each of the unlawful carnal knowledge counts and to four years’ imprisonment on the sexual assault counts. The applicant appealed against those sentences and on 21st December 2004, the Court of Criminal Appeal dismissed his application for leave to appeal against sentence. On the same date, the Court of Criminal Appeal also dismissed an application pursuant to s. 29 to certify a point of law of exceptional public importance to the Supreme Court. The applicant made a second s. 29 application three years later which also was unsuccessful. The applicant commenced proceedings under s. 2 of the Criminal Procedure Act 1993 by way of notice of motion dated 14th June 2016 grounded upon an affidavit sworn on 10th June 2016. The applicant sought to rely on the submissions of the Irish Government before the European Court of Human Rights in Lynch & Whelan v Ireland, Judgment of 8th July 2014, that preventive detention formed no part of Irish law. This, it was argued, constituted a “newly discovered fact” for the purposes of s. 2 of the 1993 Act.

Held by the Court of Appeal that, having referred to McKevitt v DPP [2013] 1 IR 750, the applicant could not rely on a purported change in Irish law as being a “newly discovered fact” for the purposes of s. 2; the “newly discovered fact” sought to be relied on by the fell outside an evidential or factual matter which could or might have been adduced at trial.

The Court held that the application was manifestly unfounded.

Application refused.

JUDGMENT of the Court delivered on the 24th day of April 2018 by Mr. Justice Hedigan

1 On 27th May 1997, the applicant was extradited to Ireland from Northern Ireland, having previously failed to appear in the District Court in respect of charges of larceny, obtaining by false pretences and obtaining on foot of a forged document. On 28th May 1997, he pleaded guilty to 18 offences and was sentenced to three months' imprisonment.

2 Following a search of the applicant's premises conducted by the RUC while awaiting his rendition to Ireland, a number of photographs and a diary revealing details of serious sexual offences committed against three minors living in the Dundalk area were discovered. The applicant refused to be interviewed in connection with the Dundalk offences while he was in detention awaiting rendition in Northern Ireland and subsequently on his return to Ireland.

3 On 4th August 1997, the applicant was released from his sentence of three months' imprisonment and was arrested in connection with the Dundalk offences. He was subsequently charged with those offences and ultimately pleaded guilty.

4 Over the following six years, the applicant litigated a number of issues concerning his extradition by way of judicial review and Article 40 applications.

5 On 14th July 2003, the applicant pleaded guilty to four counts of unlawful carnal knowledge and to two counts of sexual assault. The offences related to three child victims. The matter was adjourned to 28th July 2003 for sentence. On that date, Carney J. sentenced the applicant to discretionary sentences of life imprisonment on each...