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Appealing because I didn't turn up at court

  • 04-05-2017 5:50pm
    #1
    stainluss
    Registered Users, Registered Users 2 Posts: 866 ✭✭✭


    I got a higher than usual sentence at the district court for a certain traffic offence (I'm fully in the wrong), presumably as i didnt turn up to court.
    I didnt turn up to court as i had changed address (can prove) and just got my mail now. The registered letter they sent to me was returned back to them as i didnt collect.

    Would it be worth using the district court's appeal process just to post an apology to the judge with proof as to why I didnt show up?
    I dont mind the driving ban as I dont drive anymore, was just thinking the regular sentence for this offence would look better on my record.


Comments

  • #2
    lifeandtimes
    Closed Accounts Posts: 2,021 ✭✭✭lifeandtimes


    stainluss wrote: »
    I got a higher than usual sentence at the district court for a certain traffic offence (I'm fully in the wrong), presumably as i didnt turn up to court.
    I didnt turn up to court as i had changed address (can prove) and just got my mail now. The registered letter they sent to me was returned back to them as i didnt collect.

    Would it be worth using the district court's appeal process just to post an apology to the judge with proof as to why I didnt show up?
    I dont mind the driving ban as I dont drive anymore, was just thinking the regular sentence for this offence would look better on my record.

    No legal advice is allowed however as a tax paying citizen (I presume) you are fully entitled to invoke the appeals process if you wish. A judge will hear you case and will decide if you story is worth reducing what was ordered previously based on your evidence


  • #3
    stainluss
    Registered Users, Registered Users 2 Posts: 866 ✭✭✭stainluss


    lifeandtimes wrote: »
    No legal advice is allowed however as a tax paying citizen (I presume) you are fully entitled to invoke the appeals process if you wish. A judge will hear you case and will decide if you story is worth reducing what was ordered previously based on your evidence

    Thanks for your response.

    Is the standard appeals done through the circuit court or is it typically the same DC judge?


  • #4
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #5
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    It is possible to set aside a conviction in the District Court if there was no notice of the hearing. There is no need to appeal to the Circuit Court if that option is available.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,532 ✭✭✭✭coylemj


    4ensic15 wrote: »
    It is possible to set aside a conviction in the District Court if there was no notice of the hearing. There is no need to appeal to the Circuit Court if that option is available.

    Wouldn't that require a trip to the High Court? Can't see how you could 'set aside' a conviction in the absence of a successful appeal to the CC.


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  • #7
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    coylemj wrote: »
    Wouldn't that require a trip to the High Court? Can't see how you could 'set aside' a conviction in the absence of a successful appeal to the CC.

    No, you apply to the District Court, see S22 (6)(a) of the Courts Act 1991.


    Fred Swanson wrote: »
    Circuit judge, de novo.

    In the case of an application under S22 (6)(a) it is possible that the judge will have the case held again in the District Court if he/she is unwilling to grant or refuse the application.


  • #8
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,344 ✭✭✭NUTLEY BOY


    coylemj wrote: »
    Wouldn't that require a trip to the High Court? Can't see how you could 'set aside' a conviction in the absence of a successful appeal to the CC.

    I suspect that he means that the judgment could be vacated.


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