DPP v Costello

• Jurisdiction: Ireland
• Judge: Denham J.
• Judgment Date: 21 October 2002
• Neutral Citation: 2003 WJSC-CCA 3186
• Docket Number: 178/02
• Court: Court of Criminal Appeal
• Date: 21 October 2002

2003 WJSC-CCA 3186

COURT OF CRIMINAL APPEAL

Denham J.

O'Sullivan J.

Murphy J.

178/02

DPP v. COSTELLO

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

And

JUSTIN COSTELLO

Applicant

Synopsis:

CRIMINAL LAW

Sentence

Conviction - Severity of sentence - Leave to appeal- Dangerous driving causing serious bodily harm - Driving without a licence -Bail -Whether bail should be granted to the applicant pending an appeal on severity of sentence (178/2002 - Court of Criminal Appeal - 21/10/2002)

People (DPP) v Costello

Facts: The applicant was sentenced on 10th October, 2002 to 12 months imprisonment for the offence of dangerous driving causing serious bodily harm. He was also convicted for driving without holding a licence and for failing to produce a licence, for which he was fined. The circumstances were that the applicant was in the process of overtaking another vehicle on a narrow country road at speed when the vehicle he was travelling in left the carriageway and ended up on its roof in a ditch. Ms Annette Hanrahan, who was a rear seat passenger in the vehicle being driven by the applicant sustained serious injuries and was rendered a paraplegic as a result. The applicant pleaded guilty to the charges. The applicant applied for leave to appeal the severity of the sentence on the grounds that the learned trial judge approached the case against the weight of the evidence. Specifically, the applicant alleged that there were no aggravating factors such as alcohol, drugs or joyriding. The applicant sought bail pending the appeal.

Held by the Court of Criminal Appeal (Denham, O’Sullivan, Murphy JJ) in refusing the applicant’s application: That the applicant’s application failed to meet the requirements of the law as to bail pending an appeal. However this was a case where every effort should be made to have an early date and matters to achieve that should be expedited.

Reporter: L. O’S

Denham J.

1 This is an application for bail pending the determination of an application for leave to appeal against severity of sentence.

2 The applicant was sentenced on 10^th October, 2002 in Tralee Circuit Criminal Court in effect to 12 months imprisonment (warrant to be executed by the 24^th October, 2002) on Count No. 1 for the offence of dangerous driving causing serious bodily harm. He was also convicted on Count No. 2 for driving without holding a licence and fined €150.00. He was also convicted on Count No. 3 for failing to produce a licence and fined €150.00.

3 The applicant has applied for leave to appeal on the grounds that the learned judge of the Circuit Criminal Court...