November | 2011 | Stare Decisis Hibernia

Cleary v. DPP – SC – Judicial review, application to restrain trial, autrefois acquit

By: Mark Tottenham BL on 23/11/2011

Cleary v. DPP [2011] IESC 43 (Supreme Court, Hardiman J, McKechnie J, O'Donnell J, 23 November 2011)

Hardiman J (McKechnie J conc)(Full text): Judicial review – appeal from dismissal – trial for assault causing harm – consent by DPP to summary disposal of charge – summary jurisdiction accepted by District Court judge – failure of prosecution to attend District Court hearing – subsequent charge on same offence – requirement of trial on indictment – whether abuse of process – failure to obtain CCTV footage – wording of District Court order dismissing complaint – s 14, Courts Act 1971 – second charge outside six-month time-limit for prosecuting summary offence – delay in commencing judicial review – whether judge had jurisdiction to dismiss complaint – failure of DPP to seek judicial review – equality of arms – imbalance between rights and powers of prosecution and those of accused – communi

Stare Decisis Hibernia

Monthly Archives: March 2013

Cleary v. DPP – SC – Judicial review, application to restrain trial, autrefois acquit

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