DPP v Forrester

• Jurisdiction: Ireland
• Judge: Kearns J.
• Judgment Date: 26 March 2009
• Neutral Citation: [2009] IECCA 34
• Docket Number: [79/2009]
• Court: Court of Criminal Appeal
• Date: 26 March 2009

[2009] IECCA 34

THE COURT OF CRIMINAL APPEAL

Kearns J.

Murphy J.

Clarke J.

[79/2009]

DPP v Forrester

BETWEEN

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

RESPONDENT

AND

JOHN FORRESTER

APPLICANT

DPP v CORBALLY UREP CCA 10.2.2003 2003/14/3180

CRIMINAL LAW

Bail

Pending appeal - Applicable test - Likelihood of success on appeal - Whether threshold requirements met - Previous convictions - Whether any chance of success on appeal - People (DPP) v Corbally [2001] 1 IR 180 applied - Application for bail refused (79/2009 - CCA - 26/03/2009) [2009] IECCA 34

People (DPP) v Forrester

Facts The applicant sought bail pending appeal of his conviction for car theft. No restitution had been offered and although he pleaded guilty his plea came very late.

Held by the Court of Criminal Appeal ( Kearns J; Murphy and Clarke JJ)

In refusing the application. In order to succeed the applicant must show probable chance of a successful appeal. He failed to establish this. DPP v Corbally followed (Supreme Court [FL3428].

Reporter: BD

Kearns J.

1 This is a case where the threshold requirement set out inDPP v. Corbally has not been made out.

2 This is a case where the applicant pleaded guilty to the taking of a car outside a woman's house in Portmarnock, taking it away and using it for rallying purposes in Darndale and damaging that vehicle. This offence took place against a background of where the applicant has a string of previous convictions for this type of offence. No restitution has been made to the injured party. The plea of guilty was entered only on the morning of the trial. The sentence imposed was, in the circumstances, quite a moderate one.

3 In order to obtain bail in circumstances where a sentence following conviction has been imposed an applicant must show a probable chance of succeeding in the appeal. In this case I would have thought that if the applicant proceeds with his appeal he is at risk of having his sentence increased rather than decreased.

4 The application for bail is therefore refused.