DPP -v- Glen Creed, [2009] IECCA 95 (2009)

Docket Number:161/08
Party Name:DPP, Glen Creed
Judge:Geoghegan J.
 
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THE COURT OF CRIMINAL APPEALRecord No. 161/2008Geoghegan J.Budd J.Edwards J.THE PEOPLE AT THE SUIT OF THEDIRECTOR OF PUBLIC PROSECUTIONSRespondentand GLEN CREEDAppellantJudgment of the Court delivered by Mr. Justice Geoghegan on the 31st day of July 2009 The above-named applicant was convicted in Naas Circuit Court of two offences i.e. robbery and unauthorised use of a mechanically propelled vehicle. While there is some ambiguity in the notice of application for leave to appeal to this court as to whether the appeal sought is against both convictions, the reality is that only the proposed appeal against the robbery conviction was pursued in court.There are a number of grounds in the proposed appeal but for all practical purposes, there were three issues raised and argued.1. That the case should have been withdrawn from the jury because allegedly, there were significant gaps in the chain of evidence and that the jury in convicting must necessarily have engaged in speculation.2. That the Garda Síochána deprived the applicant of his constitutional right of access to a solicitor thereby rendering his entire detention unlawful and the procuring of any evidence during that detention inadmissible.3. That the trial judge erred in the manner in which the jury were directed but in particular in relation to how they should treat exhibits including clothing which in turn was significant for the purposes of DNA evidence.This court has found no difficulty in rejecting the application in so far as it is based on the first and third of those issues. The second requires more careful and nuanced consideration.With regard to the first issue, it was not in dispute that there were gaps in the chain of evidence but there was strong circumstantial evidence against the applicant and the court would reject the proposition that the jury would not have been entitled to convict upon that evidence and in particular that the jury in convicting would have had to engage in speculation. A neat summary of the salient facts was contained in the written submissions of the respondent. That summary reads as follows:"The evidence before the court had established that a man wearing dark clothes, variously described as a dark tracksuit, had participated with other men in the robbery at the Ambassador Hotel on the morning of the 21st October, 2006. During the robbery two members of staff, Daragh Byrne and Filip Miller, were attacked and injured. Daragh Byrne sustained an injury to his right eyebrow area which required stitches… Filip Miller was stabbed in the back and also required stitches. The robbers were seen fleeing the scene in a Jaguar XK8 car registration number 00D107 174. That car was found...

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