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Literal Interpretation: People (D.P.P) v O’Shea [1982] IR 384
Article 34.3
Supreme Court has appellate jurisdiction from all decisions of the high court
Issue:
Whether a central criminal court conviction or acquittal is appeallable
Argued:
Article 38.5 – jury trial guarantee entitled no appeal to a jury acquittal
At common law jury verdict not open to appeal
Supreme Court:
Jury verdict now open to appeal
Common law no longer basic law
Constitution supreme law
Article 34.3 clearly envisaged an appeal
2009年12月05日 00点12分
1
Article 34.3
Supreme Court has appellate jurisdiction from all decisions of the high court
Issue:
Whether a central criminal court conviction or acquittal is appeallable
Argued:
Article 38.5 – jury trial guarantee entitled no appeal to a jury acquittal
At common law jury verdict not open to appeal
Supreme Court:
Jury verdict now open to appeal
Common law no longer basic law
Constitution supreme law
Article 34.3 clearly envisaged an appeal