DPP v O'Sullivan

 
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1980 WJSC-CCA 140

COURT OF CRIMINAL APPEAL

Finlay, President

Griffin J.

Costello J.

(29-1978)
People (D.P.P.) v. O'SULLIVAN
DIRECTOR OF PUBLIC PROSECUTIONS
.v.
BRENDAN O'SULLIVAN
RULING delivered by Finlay , P. this 30th July 1979
Finlay , P.
1

The applicant herein having been refused by a decision of this Court a Certificate of leave to appeal against his conviction for murder has applied through his Counsel for a Certificate pursuant to the provisions of Section 29 of the Courts of Justice Act1924on the grounds that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. The grounds of his application for a Section 29 Certificate and the point on which he sought the Certificate were set out in writing for the convenience of the Court and are as follows:

"Whether when a person voluntarily or otherwise is being interviewed by a police officer and the police officer has made up his mind to charge him with a crime and has administered the usual caution it is incumbent upon the police authorities whether the person has made a statement or not in reply thereto to bring the said person before the District Court or a Peace Commissioner as soon as practicable".

2

The Court is satisfied that this particular point of law was neither argued before the Court on the applicant's application for Certificate of leave to appeal against his conviction nor does it arise from the decision of the Court. The relevant grounds of the applicant's appeal against his conviction was to challenge the trial Judge's finding that he was not in custody at the material time when he made certain statements. The decision of this Court was to uphold that finding by the trial Judge. In these circumstances the Court is satisfied that the applicant is not entitled to a Certificate under Section 29.

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