D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004)

C21 D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004)

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Irish Court of Criminal Appeal

You are here: BAILII >> Databases >> Irish Court of Criminal Appeal >> D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004)
URL: http://www.bailii.org/ie/cases/IECCA/2004/21.html
Cite as: [2004] IECCA 21

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Judgment Title: D.P.P. -v- Fergal Cagney

Neutral Citation: [2004] IECCA 21

Court of Criminal Appeal Record Number: 155/02

Date of Delivery: 28/07/2004

Court: Court of Criminal Appeal

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

THE COURT OF CRIMINAL APPEAL

[C.C.A. NO. 155 OF 2002]

Denham J.
Ó Caoimh J.
Butler J.

THE PEOPLE AT THE SUIT OF
THE DIRECTOR OF PUBLIC PROSECUTIONS

AND

FERGAL CAGNEY

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.”

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	Irish Court of Criminal Appeal
You are here: BAILII >> Databases >> Irish Court of Criminal Appeal >> D.P.P. -v- Fergal Cagney [2004] IECCA 21 (28 July 2004) URL: http://www.bailii.org/ie/cases/IECCA/2004/21.html Cite as: [2004] IECCA 21