Appealing a conviction

McNulty737

Hi there,

I would appreciate any information about appealing a conviction in Ireland. I was convicted of a road traffic offence several years ago (careless driving), it was a relatively minor offence which carried only a fine and a licence endorsement (not disqualified from driving for any period). I should mention that the charge was reduced to careless driving from dangerous driving as a result of my guilty plee.

Is there any hope of appealing such a conviction taking into account the guilty plee at the time and also the time period since the conviction (around 8 years)?

Thanks!

NoQuarter

McNulty737 wrote: »

Hi there,

I would appreciate any information about appealing a conviction in Ireland. I was convicted of a road traffic offence several years ago (careless driving), it was a relatively minor offence which carried only a fine and a licence endorsement (not disqualified from driving for any period). I should mention that the charge was reduced to careless driving from dangerous driving as a result of my guilty plee.

Is there any hope of appealing such a conviction taking into account the guilty plee at the time and also the time period since the conviction (around 8 years)?

Thanks!

I dont think you have a hope. Firstly because of the time gone by and secondly, if you were in time, the appeal would have to be a severity appeal and not an appeal in general obviously because you plead guilty.

McNulty737

Yeah I didn't think so. It went un noticed at the time that the guard wrote the wrong car registration in his report. Made me wonder if this had been noticed at the time would it have been possible to have it thrown out?

NoQuarter

McNulty737 wrote: »

Yeah I didn't think so. It went un noticed at the time that the guard wrote the wrong car registration in his report. Made me wonder if this had been noticed at the time would it have been possible to have it thrown out?

Perhaps speak to a solicitor about it to see if anything can be done or wait until one of the regular criminal practitioners here answer. I cant imagine it being that much of a hindrance if it was so minor though.

McNulty737

Well the problem is the on going lack of a spent convictions bill in this stupid slow country. So far it hasn't caused a problem for me in any way, however I can see on the horizon that ticking 'yes' in a job application form under 'do you have a criminal record' section will immediately disqualify me from the job. Now you could have someone from the UK who committed a much more serious crime and even went to prison for a year applying for the exact same job, with the exact same experience as me.....and he would be entitled to select 'no' on the application and be called for interview.

I know a spent convictions bill is under review here, but I have no faith in the painfully slow turning wheels of bureaucracy.

camphor

McNulty737 wrote: »

Yeah I didn't think so. It went un noticed at the time that the guard wrote the wrong car registration in his report. Made me wonder if this had been noticed at the time would it have been possible to have it thrown out?

You would have to have pleaded not guilty in order to try and benefit from the Guards mistake. You might well have ended up being convicted of dangerous driving. In order to appeal you would have to apply to extend time, explain why you took so long and then plead not guilty.

Cody Pomeray

A person would have to have been mentally ill or physically incapable not to have brought an appeal within 8 years, even where that person raises what may have been a genuine concern.

Government 'pardon' is your only hope!

And 'pardons', whilst common before Brennan v MoJ, have become almost completely (in fact, completely?) non existent.

coylemj

McNulty737 wrote: »

Yeah I didn't think so. It went un noticed at the time that the guard wrote the wrong car registration in his report. Made me wonder if this had been noticed at the time would it have been possible to have it thrown out?

No it wouldn't, minor clerical errors can be corrected 'on the fly' by the judge. The registration number of the car was not the issue in your case, it's how the car was driven, not which registration plate it was displaying. Even if your name was spelled incorrectly on the summons, the judge could have changed it on the day.

The fact that you were in court and pleaded guilty means that you have no conceivable case to press to get a judge to extend the time in which to lodge an appeal.

Dreaming up a defence based on a spurious technicality eight years after the event is not a good basis for an appeal, even if you got to lodge an appeal in the first place which you won't.

Santa Cruz

McNulty737 wrote: »

Well the problem is the on going lack of a spent convictions bill in this stupid slow country. So far it hasn't caused a problem for me in any way, however I can see on the horizon that ticking 'yes' in a job application form under 'do you have a criminal record' section will immediately disqualify me from the job. Now you could have someone from the UK who committed a much more serious crime and even went to prison for a year applying for the exact same job, with the exact same experience as me.....and he would be entitled to select 'no' on the application and be called for interview.

I know a spent convictions bill is under review here, but I have no faith in the painfully slow turning wheels of bureaucracy.

"stupid slow country"
It seems to me that the only one stupid and slow is you. You say that the Guard had the wrong number on the file, Why didn't you or your solicitor notice this (or did you not employ a solicitor because you are so smart)
Then you wait eight years to do anything about.
Don't blame the system. You pleaded guilty because you were guilty

Bepolite

If you didn't do it and wish to recant your confession, you may be able to 'appeal' under the Criminal Procedure Act 1993, assuming this comes under the ambit of either indictment or S13(2)(b) of the 1967 Act. This would be a bit like cracking a nut with a thermo-nuclear warhead but if you've got the cash I'm sure there are some cash strapped legal professionals out there who may help.

While stupid, slow country is a bit harsh and not entirely accurate, the lack of spent convictions legislation at this stage is bloody ridiculous.

Pro Hoc Vice

Cody Pomeray wrote: »

A person would have to have been mentally ill or physically incapable not to have brought an appeal within 8 years, even where that person raises what may have been a genuine concern.

Government 'pardon' is your only hope!

And 'pardons', whilst common before Brennan v MoJ, have become almost completely (in fact, completely?) non existent.

I was involved in a successful appeal of a minor case a couple of years ago. The person was neither mentally of physically incapable of bringing the appeal. The matter was some 5 years old and appeal was successful. There was no drama just explained to the state why, and brought application to DJ to extend time. Same was granted and appeal allowed in CC.

Cody Pomeray

'mentally ill' or 'physically incapable' was not intended to be exhaustive list.

point is circumstances would have to be seriously extenuating.

Jay D

Santa Cruz wrote: »

"stupid slow country"
It seems to me that the only one stupid and slow is you. You say that the Guard had the wrong number on the file, Why didn't you or your solicitor notice this (or did you not employ a solicitor because you are so smart)
Then you wait eight years to do anything about.
Don't blame the system. You pleaded guilty because you were guilty

I think he was referring to the fact you can't currently have your convictions spent after a certain period. Which I believe he's well within his rights to do, not to mention the fact he does have a good point.
You certainly went on a tangent to make a point I think was loosely obvious to anyone. Well done.