DPP v O'Reilly

 
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2003 WJSC-CCA 4346

THE COURT OF CRIMINAL APPEAL

Finlay C.J.

Gannon J.

Blayney J.

No. 88 of 1989
DPP v. O'REILLY
THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
v.
MICHAEL O'REILLY
Applicant
EX TEMPORE JUDGMENT OF THE COURT delivered on the
1

21st day of May 1990 by FINLAY C.J.

FINLAY C.J.
2

This application was filed as an application for leave to appeal against both conviction and sentence. The Applicant was observed by a number of members of the Garda Siochana executing a search warrant on a premises in Sheriff Street in Dublin was observed on the 6th April of 1989 through the letter-box of the premises by one member of the Garda Siochana, standing in the hall of the premises and examining the contents of a black refuse bag. He was then observed at a somewhat later stage trying to run out, having run from the premises back through the garden trying to climb over a wall. He was arrested as he was doing that.

3

The black bag which contained a very large quantity of frangex explosives was found on his route from the house to the wall, in the garden, and the explosives were there found. Other parts of the detonators and fuses were found in the black bag. Some were found loose in the garden.

4

Mr. Carney, very correctly, accepting the decisions with regard to the functions of this Court where it cannot disturb the finding of primary fact and must merely correct errors of law or conclusions that are quite unsupported by facts, this Court could not possibly interfere with a conviction which was entered on the foot of that. It was an amply proved case and, though we are informed that the Applicant feels a sense of grievance about some matters, it is not one that has any base in reality of any description, as far as his conviction is concerned.

5

The Applicant was convicted of the offence of being in possession of this very large or relatively large quantity of frangex explosives; 6 detonators; 1 roll of cortex detonating cord; and a quantity of fuse wire in such circumstances as to give rise to a reasonable suspicion that he did not have it in his possession for a lawful object. He had no previous convictions and was apparently employed...

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