Courts / Ireland / Report

Judge incorrect to exclude medical cert from non-examining doctor

Summary

In a serious assault case, the Court of Appeal ruled that a judge erred by excluding a medical certificate from a non‑examining doctor. The case involved a pub incident where a man was assaulted with a bar stool, leading to two charges of assault causing harm and assault causing serious harm. A consultant in emergency medicine had issued a certificate stating the victim suffered facial fractures and was transferred to a specialist setting; this certificate was not challenged. A second consultant, who had not examined the victim but based his opinion on others' notes, issued a certificate alleging likely permanent long‑term damage. The accused's counsel sought to exclude this certificate as hearsay, arguing it was speculative. The trial judge agreed, preventing the jury from considering serious harm and resulting in a conviction on the lesser charge.

Who, what, where, when and why

What: Report matter: Judge incorrect to exclude medical cert from non-examining doctor. Charges or matters: the lesser charge. Procedural stage: appeal. Findings: Convicted

When:

• 2020-12-21 Publication

Why: "A certificate, just because it's a certificate, doesn't mean it's admissible in evidence," he said. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report