DPP v O'Brien

• Jurisdiction: Ireland
• Judge: Denham C.J.,Charleton J.,O'Malley J.
• Judgment Date: 29 November 2016
• Neutral Citation: [2016] IESCDET 144
• Court: Supreme Court
• Date: 29 November 2016

[2016] IESCDET 144

THE SUPREME COURT

DETERMINATION

Denham C.J.

Charleton J.

O'Malley J.

BETWEEN

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)

RESPONDENT

AND

DAMIEN O'BRIEN

APPLICANT

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES.

Result: The Court does not grant leave to the Applicant to appeal to this Court from the Court of Appeal.

Reasons Given:

1 This determination relates to an application seeking leave to appeal, under Article 34.5.3° of the Constitution, from the judgment of the Court of Appeal (Birmingham, Mahon and Edwards JJ.) dated the 12th May, 2016, ( The People (at the Suit of the Director of Public Prosecutions) v. O'Brien [2016] IECA 146).

2 The submissions of the parties are set out in the Notice of Application for leave to appeal and the Respondent's Notice, both of which are available on this website.

3 As is clear from the terms of the Constitution and from the many determinations made by this Court since the enactment of the Thirty Third Amendment it is necessary, in order for this Court to grant leave, that it be established to the satisfaction of this Court that the decision sought to be appealed either involves a matter of general public importance or that in the interests of justice it is necessary that there be an appeal to this Court.

4 The applicant was convicted by a jury of an offence under s. 6(1)(b) of the Non-Fatal Offences Against the Person Act, 1997. The particulars on the indictment read as follows:

‘Damien O'Brien on the 10th October 2013, at Limerick City, threatened to injure Seaghan Gleeson by piercing his skin with a syringe, with the intention of or where there was a likelihood of causing Seaghan Gleeson to believe that he may become infected with disease as a result of the injury threatened.’

5 The subsection provides as follows:

6.—(1) A person who—

(a) injures another by piercing the skin of that other with a syringe, or

(b) threatens to so injure another with a syringe,

with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the injury caused or threatened shall be guilty of an offence.

6 At the trial the prosecution evidence was that the applicant stole a confectionery bar from a shop; that he was confronted by two employees from the shop; that he produced a syringe and threatened the two men....