Orders prohibiting the keeping of animals quashed.

May 17, 2012 By Ciaran Joyce BL in Denham CJ, Ireland Supreme Court No Comments Tags: Criminal judicial review

Sfar v. DPP [2012] IESC 28

(Supreme Court, Denham CJ (Hardiman J., Clarke J. concurring), 15 May 2012)

Supreme Court allows appeal from High Court, and quashes any purported orders of the District Court prohibiting the appellant from keeping animals.

Judicial review – appeal from High Court (O’Neill J) – judicial review of District Court Judge – District Court order of Judge Brennan – seizure of dogs made under the Protection of Animals Act 1911 – “keeping dogs” as provided for under s. 18(1) of the Control of Dogs Act, 1986 – 15 charges of cruel More

No abuse of process by prosecution in bringing corruption charges.

May 4, 2012 By Ciaran Joyce BL in Denham CJ, Hardiman J, Ireland Supreme Court, Uncategorized No Comments Tags: Criminal judicial review, Rules of evidence

Cosgrave v. DPP [2012] IESC 24

(Supreme Court, Denham CJ (with her Murray J and Fennelly J), Hardiman J (dissenting), 26 April 2012)

Supreme Court dismisses appeal from High Court, and affirms refusal of prohibition of criminal trial on grounds that that prosecution were entitled to await the prosecution and conviction of their key witness before proceeding with trial of appellant.

Denham CJ: Abuse of process – prohibiting a criminal trial proceeding – real risk of an unfair trial – judicial reviewed in High Court – appeal to Supreme Court – corrupt payments – Carrickmines re-zoning – Flood/Mahon tribunal – former County Councillor – inducements or rewards for voting in a particular way on motions before Dublin City Council and Dun More

No specified time limit for service of Book of Evidence for indictment-only offences.

Apr 11, 2012 By Ciaran Joyce BL in Peart J No Comments Tags: Criminal judicial review, Practice and procedure

Farrell v. Judge Browne [2012] IEHC 54
(High Court, Peart J, 7 February 2012)

High Court refuses judicial review of decision to remand applicant on bail without having extended time for service of book of evidence, on the grounds that there was no specific time limit service in the case of an offence triable only on indictment.

Judicial Review – Sections 15A and 27A of the Misuse of Drugs Act, 1977 – Misuse of Drugs Regulations 1988 and 1993 – Sections 15 and 27 (as amended) of the Misuse of Drugs Act, 1977 – hybrid offences – gap between the date of the alleged offences and the charges being brought against his client – whether 42 day rule applies – extension of time being granted for More

Error in sentence was not ground for quashing conviction of assault on Garda.

Mar 29, 2012 By Ciaran Joyce BL in Charleton J No Comments Tags: Criminal judicial review, Sentencing

Yeagar v DPP [2012] IEHC 67
(High Court, Charleton J, 20 March 2012)

High Court (Charleton J) refuses judicial review of Circuit Court conviction, where offender’s time served was not recorded on committal warrant.

Appeal from conviction – assault on Garda – maximum sentence in District Court – time imprisoned while awaiting appeal – meaning of “time served” – unknown identity of individual – time on remand awaiting trial – early release of applicant in error – More

Search warrant of dwelling house issued by member of Garda investigating team declared unconstitutional.

Feb 24, 2012 By Mark Tottenham BL in Denham CJ No Comments Tags: Constitutional law, Criminal judicial review, Policing law

Damache v. DPP [2012] IESC 11
(Supreme Court, Denham CJ (judgment of the court), 23 February 2012)

Supreme Court grants declaration that s 29(1) of the Offences against the State Act 1939 (as amended) was repugnant to the constitution, as it permitted search of dwelling house on foot of warrant issued by a person who was not independent. (Full text.)

Criminal law – judicial review – constitutionality of statute – s. 29(1), Offences against the State Act, 1939 (as inserted by s. 5 of the Criminal Law Act, 1976) – issue of search warrant by Garda who was member of investigating team – More

Judge failed to recuse himself, having acted for drink driving accused as solicitor.

Feb 20, 2012 By Mark Tottenham BL in Birmingham J No Comments Tags: Criminal judicial review, Drink driving

Keegan v. Judge Kilrane [2011] IEHC 516
(High Court, Birmingham J, 26 October 2011)

High Court quashes drink driving conviction on grounds that judge should have recused himself, having acted for accused as solicitor. (Full text.)

Judicial review – conviction of drink driving – failure of judge to recuse himself – objective bias – judge acted for accused when a solicitor – delay in seeking relief – whether trial judge entitled to conclude that application to recuse made More

Abolition of offence of buggery in 1993 prevented prosecution of alleged offence in 1970.

Feb 13, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J No Comments Tags: Constitutional law, Criminal judicial review, Criminal law, Human rights

DPP v. Judge Mary Devins [2012] IESC 7
(Supreme Court, Denham J, Hardiman J (with them, Macken J), Fennelly J (dissenting) (with him, Murray J), 8 February 2012)

Supreme Court allows appeal from decision of High Court, and holds that notice party was not liable for prosecution for alleged buggery of a child in 1970.

Denham CJ (Full text.): Judicial review – decision by District Court judge to make no order in relation to charge of buggery – repeal of ss 61 and 62, Offences Against the Person Act 1861 – buggery – whether a statutory offence – More

Supplier of lorry fails to restrain criminal trial on appeal to Supreme Court.

Feb 9, 2012 By Mark Tottenham BL in Macken J No Comments Tags: Criminal judicial review, Criminal law

J.Harris (Assemblers) v. DPP [2012] IESC 6
(Supreme Court, Macken J (with her, O’Donnell J and McKechnie J), 1 February 2012)

Supreme Court dismisses appeal from decision of High Court to refuse to restrain criminal trial. (Full text.)

Judicial review – appeal from refusal of judicial review in High Court (Hedigan J) – application to restrain criminal trial – whether fair trial possible – delay – sale of lorry involved in fatal accident – inspection of lorry by Health and Safety More

Prosecutorial delay prevents trial proceeding.

Jan 18, 2012 By Mark Tottenham BL in Dunne J No Comments Tags: Criminal judicial review

K D v. DPP [2011] IEHC 384
(High Court, Dunne J, 30 June 2011)

High Court grants order restraining criminal trial on grounds of delay, lack of specificity in relation to particular charges and stress caused by delay. (Full text.)

Judicial review – criminal trial – application to restrain by way of prohibition – 29 charges – sexual offences – alleged rape of sisters – 40-50 year delay in prosecuting alleged offences – lack of specificity in relation to dates – prejudice More

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

Nov 25, 2011 By Mark Tottenham BL in Hardiman J, O'Donnell J No Comments Tags: Criminal judicial review

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

Supreme Court allows appeal from High Court (ó Néill J), and grants order restraining further prosecution of applicant on charge of assault causing harm. (Link.)

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 More

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