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Irish Court of Criminal Appeal
You are here: BAILII >> Databases >> Irish Court of Criminal Appeal >> D.P.P. -v- Ronan McGrath [2004] IECCA 20 (28 July 2004)
URL: http://www.bailii.org/ie/cases/IECCA/2004/20.html
Cite as: [2004] IECCA 20
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Judgment Title: D.P.P. -v- Ronan McGrath Composition of Court: Denham J., Ó Caoimh J., Butler J. Judgment by: Denham J. Status of Judgment: Approved |
Judgments by | Result | Concurring | Dissenting | |
Denham J. | Grant Section 29 Application | |||
Outcome: Grant Section 29 application
2
THE COURT OF CRIMINAL APPEAL
[C.C.A. NO. 154 OF 2002]
Denham J.
Ó Caoimh J.
Butler J.
THE PEOPLE AT THE SUIT OF
THE DIRECTOR OF PUBLIC PROSECUTIONS
THE DIRECTOR OF PUBLIC PROSECUTIONS
AND
RONAN MCGRATH
APPLICANT
Decision of the Court given on the 28th day of July, 2004 by Denham J.1. The court delivered judgment in this matter on the 27th day of May, 2004 when, treating the application for leave to appeal against conviction as the hearing of the appeal, the court dismissed the appeal.
2. Notice of application for a certificate pursuant to s. 29 of the Courts of Justice Act, 1924 has been filed and served on behalf of the applicant.
3. The applicant has remained on continuing bail.
4. This case relates to a new offence of general application. It is an innovative offence. At the heart of this appeal was the issue of its application to circumstances such as arose in this case.
5. This court certifies the following point of law under s. 29 of the Courts of Justice Act, 1924:
- “Is the offence of endangerment contrary to section 13 of the Non-Fatal Offences Against the Person Act, 1997 capable of being construed so as to cover circumstances such as in the instant case.”