Irish Court of Criminal Appeal

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URL: http://www.bailii.org/ie/cases/IECCA/2005/C89.html
Cite as: [2005] IECCA 89

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Judgment Title: D.P.P.-v- Demot Laide & Desmond Ryan

Neutral Citation: [2005] IE CCA 89

Court of Criminal Appeal Record Number: 59/04 & 65/04

Date of Delivery: 07/07/2005

Court: Court of Criminal Appeal

Composition of Court: McCracken J., Murphy J., Peart J.

Judgment by: McCracken J.

Status of Judgment: Approved


Judgments by	Result
McCracken J.	Award costs to appellant

Outcome: Award costs to appelant

2

COURT OF CRIMINAL APPEAL

59/04 & 65/04

McCracken J
Murphy J
Peart J

Between:

The People at the suit of the Director of Public Prosecutions

Respondent

AND

Dermot Laide and Desmond Ryan

Appellants

Judgment of the Court delivered on the 7th day of July 2005 by McCracken J. (Costs)
_______________________________________________________

The Court has already announced its decision to award the costs of the appeal to the Appellant Desmond Ryan.

In relation to the Appellant Dermot Laide, s.4 of the Criminal Procedure Act 1993 provides that where a person is ordered to be retried for an offence and a legal aid certificate does not apply, the Court of Criminal Appeal may order that the costs of the appeal and of the new trial, in whole or in part, be paid by the State, unless the Court is of opinion that the necessity for the appeal and the new trial has been contributed to by the defence. The Court is satisfied in the present case that the necessity for the appeal and new trial had not been contributed to by the defence.

The Court recognises the complexities of this case, and in particular of the appeal, and, notwithstanding that the Appellant Dermot Laide qualified for legal aid, but did not at the time of the appeal hold a certificate to that effect, and notwithstanding that his conviction on the charge of violent disorder was upheld, in its discretion feels that justice requires that the costs of the appeal and of the retrial should be paid in whole by the State.

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