DPP v O'Donoghue

• Jurisdiction: Ireland
• Judge: Birmingham P
• Judgment Date: 11 October 2019
• Neutral Citation: [2019] IECA 339
• Docket Number: [184/18]
• Court: Court of Appeal (Ireland)
• Date: 11 October 2019

BETWEEN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

AND

VINCENT O'DONOGHUE

APPELLANT

[2019] IECA 339

[184/18]

THE COURT OF APPEAL

Extension of time – Fraudulent conversion – Interests of justice – Appellant seeking extension of time – Whether the interests of justice would be served by permitting an extension of time

Facts: The appellant, Mr O’Donoghue, on 27th February 2014, entered a plea of guilty to offences in the nature of fraudulent conversion. A trial date had been fixed at that point and the plea was entered at a pre-trial listing. Subsequently, on 29th July 2014, following a sentence hearing, the appellant was ordered to perform 220 hours community service as an alternative to a sentence of imprisonment. In seeking to extend time for an appeal, he said that his mental and physical state in 2014 was such that it undermined the voluntariness of the guilty plea that he entered. He went on to say that shortly after the entry of the plea and within the time for appealing, he formed the intention to appeal, but that his ability to prosecute any appeal was hindered by his poor physical and mental health. In 2017, the appellant made contact with a firm of solicitors, apparently feeling well enough to prosecute an appeal at that stage, and documents were generated relating to the application to extend time, but at a later stage, the firm of solicitors in question indicated that they would be applying to come off record, they did come off record, and in March 2018, the appellant served a Notice of Discontinuance. He had a change of mind, and wished to appeal. He wanted to appeal against his conviction, notwithstanding that it was a case where he entered a plea of guilty at a time when he was represented by a Solicitor and by Senior and Junior Counsel. The alleged offences occurred in 1998 and 1999. Then, in 2002, the appellant emigrated to Australia, and between April 2009 and April 2013, he was imprisoned in Western Australia while he contested an extradition request. He returned to Ireland on foot of the extradition request, spent a period of time in custody, but was then admitted to bail. He entered his plea of guilty at a time when he was on bail.

Held by the Court of Appeal that finality and certainty are important objectives in any area of litigation, including on the criminal side, and that it was clear that the interests of justice would not be served by permitting an extension of time to enter an appeal when the underlying objective would be to set aside a plea of guilty entered in 2014 in respect of events that occurred in 1998 and 1999.

The Court held that the application to extend time would be refused.

Application refused.

JUDGMENT (Ex tempore) of the Court delivered on the 11th day of October 2019 by Birmingham P .

1 This is an application to extend time. The application is a highly unusual one. The background is that the appellant, on 27th February 2014, entered a plea of guilty to offences in the nature of fraudulent conversion. A trial date had been fixed at that point and the plea was entered at a pre-trial listing. Subsequently, on 29th July 2014, following a sentence hearing, the appellant was ordered to perform 220 hours community service as an alternative to a sentence of imprisonment. In seeking today to extend time for an appeal, he says that his mental and...