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Supreme Court of Ireland Decisions |
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You are here: BAILII >> Databases >> Supreme Court of Ireland Decisions >> Hasset v. D.P.P. [2000] IESC 77 (30th November, 2000) URL: http://www.bailii.org/ie/cases/IESC/2000/77.html Cite as: [2000] IESC 77 |
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1. In
this case the appellant, who is at present detained in Limerick Prison, has
sought leave to issue judicial review proceedings seeking Orders of
Certiorari,
Mandamus
and Prohibition. Leave was refused by the High Court (Finnegan J.) in orders
dated 23rd May 2000 and the 8th June 2000.
2. The
applicant has charges pending against him at Limerick, Killarney and Galway.
Discussions took place between the applicant’s solicitor and the
State’s solicitor for Galway who recommended to the Director of Public
Prosecutions that all charges pending in the three Circuits mentioned be dealt
with in Galway Circuit Court. The State Solicitor for Limerick
3. Having
considered the documentation and written submissions before it, this Court
considers that the applicant has raised an arguable issue as to whether it is
open to a judge of one Circuit to take into account, when sentencing an
offender, offences which were committed by the same offender in the
jurisdictional area of another Circuit.
4. This
Court will therefore allow the appellant’s appeal to the extent that the
Court will give leave to the appellant to issue proceedings by way of judicial
review seeking a declaration that the judge of the Western Circuit sitting at
Galway, when sentencing the appellant for offences committed in the area of the
Western Circuit, may also deal with offences which were committed in the
Circuit Court areas of Limerick and Kerry where the applicant has admitted his
guilt.