DPP v Redmond
Jurisdiction | Ireland |
Judge | Hardiman J. |
Judgment Date | 29 March 2001 |
Neutral Citation | 2001 WJSC-CCA 2131 |
Court | Court of Criminal Appeal |
Docket Number | [C.C.A. No. 9 of 2000] |
Date | 29 March 2001 |
2001 WJSC-CCA 2131
THE COURT OF CRIMINAL APPEAL
Hardiman J.
McCracken J.
Murphy J.
Between:
and
Citations:
CRIMINAL JUSTICE ACT 1993 S2
COURTS OF JUSTICE ACT 1924 S34
DPP V HUGHES UNREP CCA 27.3.2000
MINISTER FOR LANDS, STATE V SEALY 1939 IR 21
DPP V KENNEDY 1985 IR 307
RSC O.99 r1(i)
CRIMINAL JUSTICE ACT 1993 S4(2)
CRIMINAL JUSTICE ACT 1993 S3
Synopsis:
CRIMINAL LAW
Costs
Circuit Court - Review of sentences - Legal aid - Application of Director of Public Prosecutions - Courts of Justice Act, 1924 section 34 - Criminal Justice Act, 1993 section 2 - Rules of the Superior Courts, 1986 Orders 99 and 125 (9CJA/2000 - Court of Criminal Appeal - 29/3/01)
DPP v Redmond - [2001] 3 IR 407
The Director Of Public Prosecutions had sought a review of the sentences the respondent had received. The review was unsuccessful and the respondent sought his costs arising from the application. Hardiman J delivering judgment held that the court had the power to award costs both under statute and the Rules of the Superior Courts. The respondent would be awarded costs.
29th day of March 2001 by Hardiman J.
In this case, the Applicant, the Director of Public Prosecutions, applied pursuant to Section 2 of the Criminal Justice Act, 1993for a review of the sentences passed on the Respondent in the Dublin Circuit Criminal Court on the 13th April, 2000.
The Court heard this application on the 18th December, 2000 and delivered a written judgment on the 21st December, 2000. The application was refused.
The Respondent now seeks his costs of the application. He contends that the costs are in the discretion of the Court and in the ordinary way that discretion should be exercised on the basis that costs will follow the issue. The Respondent says that on the only issue before the Court, whether the Applicant had shown that the sentences imposed on the Respondent were unduly lenient, he has been successful and the Applicant unsuccessful. He should, accordingly, be given his costs against the Applicant.
The Applicant did not in terms oppose the Respondent's application for costs but raised a question as to whether jurisdiction to award costs exists. He referred to Section 34 of the Courts of Justice Act, 1924which provides:-
"The Court of Criminal Appeal shall have jurisdiction to affirm or to reverse the conviction in whole or in part, and to remit, or to reduce, or to increase or otherwise to vary the sentence, and generally to make such order, including any order as to costs as may be necessary for the purpose of doing justice in the case before the Court".
The Applicant points out that the specific powers conferred on the Court in this section does not extend to the power to review the sentence or to ascertain whether it is or not unduly lenient. That power was not conferred until the enactment of the Criminal Justice Act, 1993. Possibly, says the Applicant, the general powers conferred by Section 34 must be read as being dependent on the Courts being first asked to exercise one of the specific powers conferred on it. Since the power invoked in this case is not one of the powers conferred by the Act of 1924, it is not obvious that the power to award costs exists in the context of an application such as the present. It is fair to say that the Applicant's submission was not put more strongly than that.
In DPP v. Hughes (Court of Criminal Appeal unreported 27th March, 2000), this Court dealt with the costs of an application under Section 2 of the 1993 Act. On page 7 of the judgment of Barron J. he said:-
"The basic facts we think are that the Director has brought this application on the basis that he has taken the view that the learned trial judge was unduly lenient. This Court has found that that was not so. The event has therefore gone in favour of the accused. It seems to the Court that the event having gone in his favour there is no particular reason why he should not get his costs, although 95% to 99% of these cases are on legal aid. This is an exceptional one where the Respondent is not on legal aid. In those circumstances the Court will award him his costs".
It seems to this Court that the approach to the exercise of the discretion (assuming it to exist) in relation to costs outlined in the judgment of Mr. Justice Barron is the correct one. It does not appear, however, that the question of the jurisdiction to award costs was raised in Hughes's case. We therefore approach the case on the basis that the issue as to the jurisdiction to award costs of an application under Section 2 is not one covered by express authority.
Although the jurisdiction to review sentences on the grounds that they are allegedly unduly lenient was not conferred...
To continue reading
Request your trialUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Start Your 7-day Trial
-
DPP v O'Carroll
...LIABILITY (2000) 851 CRIMINAL JUSTICE ACT 1964 S4(1) CRIMINAL JUSTICE ACT 1964 S4(2) AG, PEOPLE V DWYER 1972 IR 416 DPP V REDMOND 2001 3 IR 390 DPP V NOONAN 1998 2 IR 439 DPP V DUNNE UNREP CCA 25.11.2002 2003 15 3316 R V COCKS 1976 63 CAR 79 R V EDWARDS 1983 77 CAR ARCHBOLD CRIMINAL PLEA......
-
DPP v Bourke Waste Removal Ltd & Others
..."Superior Courts". Consequently that court would appear to come within O. 99, r. 1 of the 1986 RSC In fact The People (DPP) v. Redmond [2001] 3 I.R. 390 at 409 confirms this point. Thus that court would appear to have power, under the said Order, to award costs in cases determined by it. 99......
-
DPP v Hannaway, Shannon, Hannaway, Nooney, O'Brien
...the incorrect Date of Birth in respect of Edward O'Brien. These factors reduce the weight to be attributed to his evidence. As stated in DPP v. Redmond [2015] IESC 98, belief evidence is required to be supported by other independent evidence implicating the accused. The following was state......
-
DPP v James Maher
...law in relation to s. 2 of the Criminal Justice Act1993 is helpfully summarised in People (Director of Public Prosecutions) v. Redmond [2001] 3 I.R 390. 29 In all the circumstances, this Court is satisfied that the application by the Director must succeed. The sentences of imprisonment for ......
-
An analysis of sentencing provisions in the criminal justice act, 2006
...67 The People (D.P.P.) v. Kelly, Court of Criminal Appeal, unreported, Hardiman J., 5 July 2004, The People (D.P.P.) v. Redmond [2001] 3 I.R. 390 (S.C.); The People (D.P.P.) v. McCormack [2000] 4 I.R. 356; The People (D.P.P.) v. Sheedy [2000] 2 I.R. 184; The People (D.P.P.) v. M. [1994] 3 I......