DPP v Flynn

• Jurisdiction: Ireland
• Judge: McCrackenJ.
• Judgment Date: 09 December 2002
• Neutral Citation: 2003 WJSC-CCA 3426
• Date: 09 December 2002
• Docket Number: 24/95
• Court: Court of Criminal Appeal

2003 WJSC-CCA 3426

COURT OF CRIMINAL APPEAL

McCracken J.

Herbert J.

Peart J.

24/95

DPP v. FLYNN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLICPROSECUTIONS

-V-

ANTHONY FLYNN

APPLICANT

Citations:

AG V MCGANN 1927 IR 503

R V PARKS 1961 1 WLR 1484

DPP V O'BRIEN UNREP CCA 29.1.1990 2000/8/2854 (EX TEMPORE)

DPP V B 2002 2 IR 246

Abstract:

Criminal law - Appeal - Additional evidence - Whether applicant should be given leave to adduce additional evidence and leave to appeal - Whether new evidence unavailable to applicant at time of trial - Whether explanation of why evidence not adduced at trial - Whether new evidence could materially affect the decision of the jury

Facts: The applicant applied for leave to adduce additional evidence and for leave to appeal. He was convicted of the murder of his wife and sentenced to life imprisonment. At his trial he had contended that he did not have the intent necessary for murder. He now sought to adduce further evidence, namely medical records and evidence from a psychiatric unit, not to raise an issue of insanity but on the grounds that the material could materially influence a jury on the question of his intent.

Held by the Court of Criminal Appeal in refusing the application for leave to adduce additional evidence and also refusing the application for leave to appeal that the medical records were at all times available to the applicant. In any event, the evidence could not have materially affected the decision of the jury in relation to intent.

Reporter: R.W.

1 Judgment of the Court (ex tempore) delivered on the9th day of December 2002 by McCrackenJ.

2 The applicant was convicted at the Central Criminal Court on the21 ^st of February 1995 of the murder of his wife Ann Flynn and sentenced to life imprisonment. At his trial most facts were not in issue but the applicant's case was that he did not have the intent necessary to constitute murder and was guilty of manslaughter only. The judge's summing up to the jury is also not in issue and the jury duly found him guilty of murder. The applicant now seeks to adduce further evidence namely medical records and evidence from the psychiatric unit of Limerick Regional Hospital. The purpose of this purported evidence is not to raise an issue of insanity but it is alleged that the evidence could influence or materially influence a jury on the question of whether the applicant had the necessary intent. The killing of Ann Flynn took place on the 20 ^th of April 1994. On the 17 ^thof April 1994 the applicant was admitted to Limerick Regional Hospital and we have now been furnished with the hospital notes and a short affidavit from Dr. McGovern who was the admitting doctor. The applicant was discharged the next day which was only two days before the unfortunate killing. The first point which the applicant must establish is that this was new evidence which eitherwas unavailable to him and his advisers at the time of the trial or alternatively must give an explanation of why it was not adduced. There have been a number of authorities on the admission of fresh evidence and I would just very briefly quote from two or three of them. In The Attorney General v. McGann [1927] I.R.503 Chief Justice Kennedy put it this way. He said, "Theadmission of fresh evidence on appeal requires special circumstances to justify it". He then goes on to say that, "theapplicant must furnish to the court a proof of the evidence which each new witness is to give" and to quote him again he said, "Tstatement should include the explanation offered by such witness for...