Owens v DPP
| Jurisdiction | Ireland |
| Judge | Clarke C.J.,Dunne J.,O'Malley J. |
| Judgment Date | 10 April 2018 |
| Neutral Citation | [2018] IESCDET 53 |
| Date | 10 April 2018 |
| Court | Supreme Court |
| Docket Number | [Appeal No. 17/2018] [Appeal No. 18/2018] |
[2018] IESCDET 53
THE SUPREME COURT
DETERMINATION
Clarke C.J.
Dunne J.
O'Malley J.
[Appeal No. 17/2018]
[Appeal No. 18/2018]
AND
AND
ORDERS SOUGHT TO BE APPEALED
| COURT: Court of Appeal |
| DATE OF JUDGMENT: 16th November, 2017 |
| DATE OF ORDER: 16th November, 2017 |
| DATE OF PERFECTION OF ORDER: 4th January, 2018 |
| THE APPLICATIONS FOR LEAVE TO APPEAL WERE MADE ON THE 26th JANUARY, 2018 AND WERE IN TIME. |
The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this Court in B.S. v Director of Public Prosecutions [2017] IESCDET 134 and in a unanimous judgment of a full Court delivered by O'Donnell J. in Price Waterhouse Coopers (A Firm) v Quinn Insurance Ltd. (Under Administration) [2017] IESC 73. Accordingly it is unnecessary to revisit the new constitutional architecture for the purpose of this determination.
The applications for leave filed, and the respondents' notices thereto, are published along with this determination (subject only to any redaction required by law) and it is therefore unnecessary to set out the position of the parties in detail.
These two cases were the subject of a single judgment of the Court of Appeal ( Owens and Dooley v. The Director of Public Prosecutions & Ors [2017] IECA 299). In each of them the issue is whether unpaid fines that had been imposed by way of sentence before the coming into force of the Fines (Payments and Recovery) Act 2014 should, after that date, be dealt with under that measure or under the law as it stood at the time of sentence. Each of the respondents to this application was the subject...
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Owens and Dooley v DPP
...the purpose of creating retrospectivity. Thereafter, the appellants sought and were granted leave to appeal to the Supreme Court (see [2018] IESCDET 53). The appellants submitted that the interpretation of the Court of Appeal ignored the latter part of s. 1A of the 1991 Act, which created a......