DPP v Healy

 
FREE EXCERPT

1985 WJSC-CCA 141

Court of Criminal Appeal

Finlay P.

Hederman J.

McWilliam J.

65/83
DPP v. HEALY

Between:

The People at the Suit of the Director of Public Prosecutions
.v.
Thomas Healy

Citations:

DPP V MCKEON UNREP CCA 12.12.84 1985/1/157

Synopsis:

CRIMINAL LAW

Defence

Preparation - Opportunity - Prisoner - Confiscation of document - Adequate opportunity to prepare defence despite failure to return document - Accused withdrawing instructions from counsel and solicitor - (65/1983 - C.C.A. - 12/12/84) - 3 Frewen 11

The People v. Healy

CRIMINAL LAW

Evidence

Relevance - Witness - Threat - Fact of threat disclosed to trial judge - Propriety of disclosure - Trial judge not attributing threat to conduct of accused - (65/1983 - C.C.A. - 12/12/84)

The People v. Healy

Finlay P.
1

This is an application for Leave to Appeal against the conviction of the Applicant by the Special Criminal Court on 23rd of June 1983 of the offence of robbery in respect of which he was sentenced to 12 years imprisonment and in respect of an offence of carrying a firearm with intent to commit robbery in respect of which he was sentenced to 10 years imprisonment.

2

The Applicant appeared in person at the trial and submitted and prosecuted his own appeal before this Court. His grounds of appeal submitted in writing were as follows:-

3

2 "(1) My Constitutional right to prepare a proper defence was taken from me by the confiscation of my written legal instructions in Portlaoise Prison. Therefore my trial was not a fair one.

4

(2) During the trial, evidence was given that men armed with rifles threatened two witnesses, Mr. and Mrs. Ryan, in the early hours of the first day of the trial. The President of the Court said after hearing this “that this is most prejudicial to the Accused”. The Prosecutor made known to the Court that he accepted that the other Accused, Mr. McKeon, had nothing to do with such threats and the Court in accepting this and giving consideration to it acted in a very unfair manner to me.

5

(3) I want to appeal against the conviction on the weight of the evidence. The President of the Court told me I could do this".

6

Upon the hearing of this Appeal, the Applicant did not develop any of these grounds of appeal to any...

To continue reading

REQUEST YOUR TRIAL