DPP v Quinn

• Jurisdiction: Ireland
• Judge: Mrs. Justice Denham
• Judgment Date: 15 February 2001
• Neutral Citation: 2001 WJSC-CCA 2126
• Judgment citation (vLex): [2001] 2 JIC 1501
• Court: Court of Criminal Appeal
• Date: 15 February 2001

2001 WJSC-CCA 2126

THE COURT OF CRIMINAL APPEAL

Denham J.

Carroll J.

Smith J.

Record No. 16/2001

DPP v. QUINN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS

and

JOHN QUINN

APPLICANT

Citations:

LARCENT ACT 1916 S2

LARCENY ACT 1990 S9

DPP, PEOPLE V CORBALLY 2001 2 ILRM 102

R V BARRICK 1985 CLR 602

DPP, PEOPLE V SWEETMAN 1997 3 IR 448

DPP V CONNAUGHTON UNREP CCA EX-TEMP 17.12.1999

R V WATTON 1978 68 CAR 293

Synopsis:

CRIMINAL LAW

Bail

Application for bail pending appeal - Appeal against sentence - Principles applied - Whether applicant entitled to bail (16/2001 - Court of Criminal Appeal - 15/2/01)

DPP v Quinn

The applicant had been convicted of a larceny offence and was sentenced to nine months imprisonment. The applicant appealed against the sentence imposed and in this application sought bail. Denham J, delivering judgment, held that the applicant had not established that there was a strong prospect of success at the appeal. The application would be refused.

1 Mrs. Justice Denham on 15th day of February, 2001.

1. Application for bail

2 This is an application by John Quinn, hereinafter referred to as the applicant, for an order for bail pending an application for leave to appeal against severity of sentence.

2. Proceedings

3 On 24th January, 2001 the applicant was arraigned on count one of an indictment and pleaded guilty. The applicant was charged with the following offence:

"Court No. 1."

Statement of Offence

4 Larceny contrary to section 2 of the Larceny Act 1916 as amended by section 9 of the Larceny Act 1990.

Particulars of Offence

5 John Quinn on a date unknown between the 1st day of March, 1999 and the 15th day of September, 1999 at Intel Ireland Limited, Collinstown, Leixlip in the County of the City of Dublin stole 116 Pentium cartridge connectors valued approximately £9280.00 the property of Intel Ireland Limited and Diarmuid O'Connor thereof."

6 On 24th January, 2001 the applicant was convicted of the offence of larceny and sentenced to 9 months imprisonment. Against that sentence the applicant has appealed on the grounds that the sentence was excessive by reason of all the circumstances of the case.

3. Facts

7 The applicant is in prison serving the said sentence. Counsel informed the court that this sentence will expire on 24th October, 2001. With good behaviour, under the normal remission rules, the applicant would be released in August, 2001. The transcript of the trial will be ready for the next list to fix dates, which may be on 2nd April, 2001. However, counsel is concerned that the applicant would be unlikely to get a hearing before October, 2001, by which time the sentence will have been served by the applicant.

4. Submissions

8 Mr. Fergal Foley, B.L., counsel for the applicant, submitted that he relied on the decision of the Supreme Court (Geoghegan J.) in The People (Director of Public Prosecutions.) v. Corbally (Unreported, Supreme Court, 15th December, 2000.) He applied for bail on two separate grounds. (i) The sentence would expire before the hearing of the appeal; (ii) That there are good arguable grounds that no sentence of imprisonment ought to have been imposed. Counsel submitted that the fact that the sentence would expire before the hearing of the appeal is a separate ground for granting bail and on this ground alone he was entitled to bail.

9 Mr. Gerry O'Brien, B.L., counsel for the Director of Public Prosecutions, agreed that the fact that the applicant would have served the sentence before the appeal could be heard is a separate ground for the granting of bail. If this was a ground simpliciter he accepted that the applicant met the criteria. On the second ground, that the applicant had a good arguable case for appeal, counsel submitted that this was not so. He referred to the case of R. v. Barrick, [1985] Crim, L.R. 602, in the United Kingdom, He argued that this situation was similar. He...