DPP -v- Frank Ward, [2011] IECCA 31 (2011)

Docket Number:226/07
Party Name:DPP, Frank Ward
Judge:Finnegan J.
 
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COURT OF CRIMINAL APPEAL226/07 CCAFinnegan J.Budd J.O’KeeffeBETWEENFRANK WARDAPPLICANTandTHE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)RESPONDENTJudgment of the Court delivered on the 31stday of May 2011 by Finnegan J.The applicant was charged with eight counts and, in circumstances hereinafter detailed, pleaded guilty to five counts as follows:-1. Statement of offence.Assault causing harm, contrary to section 4 of the Non Fatal Offences against the Person Act 1997Particulars of offence.Frank Ward on the 6th October 2003 at the Goat Grill Public House car Park, Goatstown, Dublin 14 in the county of the City of Dublin did intentionally or recklessly cause serious harm to Charlie Chawke.Statement of offence.Possession of a firearm with intent to commit an indictable offence, contrary to section 27(b) of the Firearms Act 1964 as inserted by section 9 of the Criminal Law (Jurisdiction) Act 1976 and as amended by section 14(5) of the Criminal Justice Act 1984 and section 4 of the Firearms and Offences Weapons Act 1990.Particulars of offence.Frank Ward on the 6th October 2003 at the Goat Grill Public House Car Park, Goatstown, Dublin 14, in the County of the City of Dublin had with him a Remington Pump Action Shot Gun with intent to commit an indictable offence, namely to rob Charlie Chawke.Statement of offence.Robbery, contrary to section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001.Particulars of offence.Frank Ward, on 6th October 2003 at the Goat Grill Public House Car Park, Goatstown, Dublin 14 in the County of the City of Dublin, did rob Charlie Chawke of cash and cheques to the value of €48,652.00 approximately.Possession of a firearm with intent to resist arrest contrary to section 27(b) of the Firearms Act 1964 as inserted by section 9 of the Criminal Law (Jurisdiction) Act 1976 and as amended by section 14(5) of the Criminal Justice Act 1984 under section 4 of the Firearms and Offensive Weapons Act 1990.Particulars of offence.Frank Ward, on the 6th October 2003 at the Goat Grill Public House Car Park, Goatstown, Dublin 14 in the County of the City of Dublin had with him a firearm to wit one Remington Pump Action Shot Gun with intent to resist arrest.Statement of offence.Possession of a firearm with intent to resist arrest, contrary to section 27B of the Firearms Act 1964 as inserted by section 9 of the Criminal Law (Jurisdiction) Act 1976 and as amended by section 14(5) of the Criminal Justice Act 1984 and section 4 of the Firearms and Offensive Weapons Act 1990.6. Particulars of offence.Frank Ward, on the 6th October 2003 at Stillorgan Heath, Stillorgan, County Dublin had with him a firearm to wit one Remington Pump Action Shotgun with intent to resist arrest.Sentences were imposed as follows:-On Counts 1 and 2 life imprisonment, on Counts 3, 4 and 5 twelve years imprisonment, all sentences to run concurrently.The applicant gave notice of application for leave to appeal on the 5th November 2007 but without stating grounds. He subsequently delivered grounds by way of a series of correspondence amounting in all to some two hundred and thirty eight pages. As a result the first task of the court was to identify the grounds of appeal relied upon. The applicant appeared in person.The trialThe trial commenced on the 17th October. Sixteen witnesses gave evidence and were cross-examined. At that point the applicant applied to change his plea and leave being granted he pleaded guilty to the five counts mentioned above. The matter was adjourned to the 31st October 2007 and on that date the applicant raised an objection on the basis that the court had no jurisdiction in the matter. The learned trial judge having ruled against him the matter proceeded to sentence.Circumstances of the offencesThe offences occurred on the 6th October 2003. At about 12.30 p.m. on that day Mr Chawke the proprietor of the Goat Grill left the premises for the purposes of going to the bank and lodging cash and cheques. He got into his motor car. At that point he saw the applicant emerge from a car with a shot gun hanging from a strap at his shoulder. The applicant demanded the money. Mr Chawke grabbed for the shot gun but missed the same and fell out of the car. The applicant said “I will…sort you out”, pointed the gun at Mr Chawke’s right leg and discharged the same from a range of six to twelve inches. A Garda car with three Gardai and a trainee Garda came upon the scene. The applicant attempted to escape by car. One of the Gardai grappled with the applicant but was threatened with the shot gun and moved away. The Gardai pursued the applicant as far as Stillorgan Heath. At that point the applicant got out of the car and again discharged the shot gun this time at the Garda car. He then attempted to escape on foot. The applicant and his accomplice were arrested. Mr Chawke sustained serious injuries from the gun shot wound and his leg was amputated.The grounds of appealThe court proposes to deal with each of the grounds of appeal identified seriatim.Ground 1.The applicant was sent forward for trial in violation of section 21 of the Criminal Justice Act 1999.Section 5(3) of the Criminal Justice (Miscellaneous Provisions)...

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