Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Bringing up a past case in a present case

  • 06-05-2008 7:18pm
    #1
    Drexler
    Registered Users Posts: 13 ✭


    District court - if a past case ended in a dismissal of the case and no probation or conviction, yet a small fine was paid....can that be brought up by the DPP if in the district court again on an unrelated matter some years later?

    Thanks in advance.


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    If a fine was paid, there was a conviction. If a donation was made to, say, the court poor box, I don't know.


  • #3
    Croc
    Registered Users, Registered Users 2 Posts: 341 ✭✭Croc


    I can't see how a case was dismissed and a fine was imposed, thats not possible.

    Perhaps as Victor says it was dismissed under Section 1.1.1 Probation of Offenders Act provided a sum was paid to the court poor box or a charity. Then in that case it is not considered a conviction.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Sometimes a judge will strike a case out and impose a fine or donation to a charity, but it is frowned upon and becomming less common.


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I have come across cases where the judge finds the facts proven but does not convict. They usually direct a donation to charity or the matter can be re-entered.


  • #6
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    Drexler wrote: »
    District court - if a past case ended in a dismissal of the case and no probation or conviction, yet a small fine was paid....can that be brought up by the DPP if in the district court again on an unrelated matter some years later?

    Thanks in advance.
    Only when it comes to sentencing. There's a rule against giving evidence of prior misconduct at the substantive trial. That means that the previous conviction will only be brought up when someone is convicted of the later offence and that only applies where the former offence gave rise to a conviction.

    You do know you're not allowed to seek or give legal advice, right? I'm sure that you're not looking for legal advice but we can't be too sure.


  • Advertisement
  • #7
    Drexler
    Registered Users Posts: 13 ✭Drexler


    No I'm not seeking advice. I was just looking for a general answer on the issue. Thanks for your thoughts.


  • #8
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    hullaballú wrote: »
    Only when it comes to sentencing. There's a rule against giving evidence of prior misconduct at the substantive trial. That means that the previous conviction will only be brought up when someone is convicted of the later offence and that only applies where the former offence gave rise to a conviction.

    Or if you give evidence of your good character, or attack the character of a prosecution witness or (I always forget the third one).


  • #9
    Croc
    Registered Users, Registered Users 2 Posts: 341 ✭✭Croc


    johnnyskeleton wrote: »
    Or if you give evidence of your good character, or attack the character of a prosecution witness or (I always forget the third one).

    But they would be only as a far as i know be able to give evidence of Previous Convictions and the OP never did clear up exactly what he meant in his original post


Advertisement