DPP v Feich�n Hannon

Factual and Procedural Background

This opinion addresses the entitlement of a convicted person to a certificate under section 9 of the Criminal Procedure Act 1993 following a miscarriage of justice. The case concerns a person who was convicted of a criminal offence but is now recognised to have been innocent of the charges, based on new and newly discovered facts. The new fact central to the case is the complainant's later confession that the original allegation was fabricated. The procedural context involves the interpretation of statutory and international legal provisions concerning compensation and certification following wrongful convictions.

Legal Issues Presented

1. Whether a convicted person who is now recognised to have been innocent of the charges is entitled to a certificate under section 9 of the Criminal Procedure Act 1993 solely by virtue of that fact.
2. Whether the phrase "miscarriage of justice" in section 9 requires actual innocence on the balance of probabilities or a broader interpretation including failures in the administration of justice.
3. Whether the State or its agents must be culpable for the wrongful conviction for compensation or certification to be granted.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The court analysed the meaning of "miscarriage of justice" in section 9 of the Criminal Procedure Act 1993, concluding that it primarily means that the applicant is innocent of the offence on the balance of probabilities. The court noted that international instruments binding Ireland require compensation for a person recognised as innocent without imposing a requirement of culpability on the State or its agents. The court rejected any additional requirement that the State must be at fault for compensation or certification to be granted, as this would conflict with Ireland's international obligations.

The court found that the new and newly discovered fact—the complainant’s confession of fabrication—demonstrates conclusively that a miscarriage of justice occurred. The court emphasized that this fact alone entitles the applicant to a certificate under section 9. It also acknowledged that the broader interpretation of miscarriage of justice, as extending beyond actual innocence to include failures in the justice system, has been authoritatively stated in Irish case law. However, the court’s decision was grounded primarily on the applicant’s established innocence demonstrated by the new fact.

Holding and Implications

The court held that the applicant is entitled to a certificate under section 9 of the Criminal Procedure Act 1993 because a new and newly discovered fact conclusively shows a miscarriage of justice.

Holding: The applicant’s conviction is recognised as a miscarriage of justice, entitling the applicant to certification.

Implications: This decision confirms that certification under section 9 can be granted solely on the basis of recognised innocence demonstrated by new facts, without the need to prove State culpability. The ruling aligns domestic law with Ireland’s international obligations on compensation for wrongful convictions. No new precedent beyond the direct effect on the parties was established.