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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2209
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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What Factors are taken into consideration when assessing

Customer Question

What Factors are taken into consideration when assessing whether a person who committed assault should be charged under Section 3 or Section 4?Are Prosecutors obliged to disclose any Exculpatory Evidence they might have prior to a defendant making a decision on his Plea of Guilty or Not Guilty?In an assault case, does the defendant have a right to given a copy of a Medical Report prepared by the prosecutor in order to prove the victims injuries to the court? If so and the defence has reservations or doubt in relation to the accuarcy of the report, does the defence have the right to appoint their own medical professional to assess the victim?
Submitted: 5 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 5 months ago.

The factor in deciding between a section 3 and Section 4 charge will be based on the seriousness of the injuries ergo the medical report of the Dr. This decision is made by the DPP

It's the State's job to prosecute, they will disclose all evidence they have to the Defence team if requested. It is certainly not the their job to offer up mitigating eviedence to all the defendant make a decision re his plea.

The medical report is contained in the book of evidence which is furnished to the defendant. If the defence take issue with its content, they can seek further disclosure, they can cross examine the Dr at hearing. Subject to the victim agreeing, they can look for their own expert to assess the victim

Customer: replied 5 months ago.
In this case, the dependent plead guilty and was sentenced to a prison term. Does he have a case too appeal the conviction if he can
prove that the victims injuries were not as the court was lead to believe? What kind of professional would be qualified to review injuries and give an opinion on the appropriate charge?In this case there was a second medical report prepared by the state and it was furnished too the defence solicitors, however the defence solicitors refused to furnish a copy of it too their client.. The accused! is this ineffective counsel?In other countries such as America, the prosecutors are obliged too share all evidence including evidence that may mitigate the accused. Excupabary evidence. Is this not the case in Ireland? What about witness statements that are left out of the book of evidence?
Expert:  Ronan replied 5 months ago.

No, he entered a guilty plea he has no grounds for appealing the conviction. He can appeal but it will go n where It was open to him to fight the case at the time and he choose not to.

It is most unusual that they did not give the defendant sight of the second medical report as there a reason for this

The State do share all evidence they have (including exculpatory evidence) that is looked for from the defence including all documents./witness statements/medical reports left out of the book of evidence

Customer: replied 5 months ago.
No there was no good reason for this. The accused solicitor had the medical report but said they could not give a copy as it was a confidential document and there were previous cases where they had ended up on the internet. The fact that it was requested and withheld by their legal team boils down to Ineffective Counsel?In this case, they only shared the book of evidence and left out 5 other witness testimony's that were never given to the defence. Can this be used as one of the grounds for having a conviction overturned and order for retrial?Can I ask again, specifically how do the DPP differentiate between Section 3 and Section 4? What kind of expert witness would have to be introduced to prove that the injuries do not align with a section 4 charge?Grounds that we are considering at the moment include,1. Ineffective Counsel - Did not Question seriousness of injuries, would not furnish copy of Medical Report, Advised to plead guilty despite defendant stressing that he was not guilty, would not question content of Witness Impact Statement which was false.
2. Plea of Guilty owing to duress (intimidation of the accused family by the victims family during proceedings)
3. Non Disclosure of witness statements by the DPPCan you give your opinion in relation to how this motion would be dealt with by the courts?

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