DPP v Dunne

• Jurisdiction: Ireland
• Judge: Fennelly J.
• Judgment Date: 16 January 2009
• Neutral Citation: [2009] IECCA 3
• Court: Court of Criminal Appeal
• Date: 16 January 2009

[2009] IECCA 3

COURT OF CRIMINAL APPEAL

Fennelly J.

Budd J.

McMahon J.

302/08

DPP v Dunne

The People at the Suit of the Director of Public Prosecutions

V

Harry Dunne

Appellant

DPP v CORBALLY 2001 1 IR 180 2001 2 ILRM 102 2000/7/2445

DPP v TANNER UNREP CCA 30.11.2006 2006/21/4405 2006 IECCA 151

CRIMINAL LAW

Bail

Pending appeal - Applicable test - Likelihood of success on appeal - Rationale for rule - Whether any case made out with strong chance of success - People (DPP) v Corbally [2001] 1 IR 180 applied; People (DPP) v Tanner [2008] IECCA 18, (Unrep, CCA, 31/1/2008) considered - Application for bail refused (302/08 - CCA - 16/01/2009) [2009] IECCA 3

People (DPP) v Dunne

Facts The applicant sought to be released on bail pending the hearing of his appeal against conviction. He pleaded a point of law in regard to the judge's charge.

Held by the Court of Criminal Appeal rejecting the application:

The test for granting bail on a point of law is DPP v Corbally [FL3428].

To consider granting bail there must be a strong chance of a successful appeal.

There were two aspects of the applicant's offence (i) possession of a controlled drug and (ii) intention to supply. There was also supporting surveillance of the applicant's involvement.

The court was not satisfied that the applicant made out a case to warrant granting the application.

DPP v Corbally [FL3428] followed

Reporter: BD

1 16th day of January 2009 by Fennelly J.

2 This is an application for bail in the context of a case where the appellant can be called applicant because he has been given leave to appeal. He seeks bail pending his trial on the basis of a point of a law arising from the judge's charge. It need hardly be repeated that the test for a point of law of that sort to justify the grant of bail is laid down in the decision of this court in the DPP v Corbally [2001]. It is that bail can only be granted where, without having to consider the entire transcripts, some definite or discrete ground of appeal can be identified and isolated and is of such a nature that there is a strong chance of success on the appeal. The rationale behind that is that the applicant is different from a person seeking bail pending trial, where the presumption of innocence applies with full force. This is somebody who has been convicted by a judge...