cc v ireland

105 results for cc v ireland

  • vLex Rating
  • C.C. -v- Ireland & Ors, [2005]IESC48 (2005)
  • Douglas -v- DPP & Ors, [2013] IEHC 343 (2013)

    THE HIGH COURT[2010 No. 4603 P]. BETWEEN . DAVID DOUGLASPLAINTIFFAND. DIRECTOR OF PUBLIC PROSECUTIONS, IRELAND . AND THE ATTORNEY GENERALDEFENDANTS . JUDGMENT of Mr. Justice Hogan delivered on 26th July, 2013 . 1. Is a statutory offence of causing scandal or injuring the morals of the community sufficiently ...

  • C -v- Minister for Social Protection & anor, [2018] IESC 57 (2018)

    THE SUPREME COURT [Record No. 89/2016]. Clarke C.J. O’Donnell J. McKechnie J. MacMenamin J. . O’Malley J. BETWEEN:. PCAPPELLANTAND. THE MINISTER FOR SOCIAL PROTECTION, IRELAND AND THE ATTORNEY GENERAL. RESPONDENTS. Judgment of Mr. Justice John MacMenamin dated the 28th day of November, 2018. Introduction. 1. In what is referred to hereafter as the “principal judgment”, ...

  • Financial Crime In Ireland
  • Willis & ors -v- Governor of Wheatfield Prison & ors, [2015] IEHC 251 (2015)

    ...No. 551/2011 (the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2011). By judgment delivered by the Court of Appeal in Bederev v. Ireland & Ors. [2015] IECA 38 on the 10th March, 2015, s.2(2) of the Act of 1977 was declared by that court to be repugnant to the Constitution in that it permitted the Government to make law in violation of ...

  • M. -v- The Mental Health Commissioner & Ors, [2008] IEHC 441 (2008)

    ...The applicant contended that his detention was unlawful on the basis that on the 23rd May, 2006, the Supreme Court declared (see C.C. v. Ireland [2006] IESC 33, [2006] 4 I.R. 1) s. 1(1) of the Criminal Law (Amendment) Act 1935, to be inconsistent with the Constitution. It was this section that created the offence of which the applicant was ...

  • Kennedy -v- The Governor of Portlaoise Prison, [2017] IEHC 402 (2017)

    THE HIGH COURT[2017 No. 506 S.S.]. IN THE MATTER OF AN APPLICATION FOR AN INQUIRY PURSUANT TO ARTICLE 40.4 OF THE CONSTITUTION OF IRELAND. BETWEEN. MARK KENNEDY . APPLICANTAND. THE GOVERNOR OF PORTLAOISE PRISONRESPONDENT. JUDGMENT of Mr. Justice Eagar delivered on the 23rd day of June, 2017. 1. This is a judgment on an application ...

  • DPP -v- Timothy (Ted) Cunningham, [2012] IECCA 64 (2012)

    ...Section found unconstitutional. On the 23rd February, 2012, Denham C.J. gave the judgment for the Supreme Court in the case of Ali Charaf Damache v. The D.P.P. (Ireland) and the Attorney General. At para. 59 of the judgment it is recited that, for the reasons set out in the judgment:. “The Court would grant a declaration that s.29(1) of the Offences Against the ...

  • Reilly -v- Judge Patwell, [2008] IEHC 446 (2008)

    ...2. If necessary a declaration that s. 6 (4) of the Litter Pollution Act 1997 is invalid having regard to the provisions of the Constitution of Ireland. 3. An order extending the time for the bringing of the application pursuant order 84 Rule 21 (1) of the Rules of the Superior Courts. - as set forth in paragraph D of the applicant's Statement of ...

  • D.P.P.-v- Sean Egan, [2010] IECCA 28 (2010)

    ...(A Minor) v. Director of Public Prosecutions [2000] 2 A.C. 428, is but one such case from a neighbouring jurisdiction. Much more to the point are the judgments of the Supreme Court in C.C. v Ireland [2005] IESC 48: (Unreported, Supreme Court, 12th July, 2005), where it was held that the offence created by s. 1(1) of the Criminal Law (Amendment) Act 1935 excluded any reliance on a defence based ...

  • Z.S. v DPP, [2011] IESC 49 (2011)

    THE SUPREME COURTAppeal No 70/2009. Denham C.J. Murray J. Hardiman J. Fennelly J. Macken J. Between:. Z. S.Plaintiff/Appellant-and-. THE DIRECTOR OF PUBLIC PROSECUTIONS, . IRELAND AND THE ATTORNEY GENERALDefendants/Respondents. JUDGMENT delivered by Mr. Justice Fennelly on the 21st day of December 2011. 1. The Criminal law (Amendment) Act, 1935 created the offences of what was ...

  • Maloney -v- The Member In Charge of Finglas Garda Station & Ors, 2015 523 JR (2017)

    THE HIGH COURT. JUDICIAL REVIEW [2015 No. 523 J.R.]. BETWEEN. LIAM MALONEYAPPLICANTAND. THE MEMBER IN CHARGE OF FINGLAS GARDA STATION, IRELAND AND THE ATTORNEY GENERALRESPONDENTS. JUDICIAL REVIEW[2015 No. 533 J.R.]. BETWEEN . JORDAN ENNISAPPLICANT AND. THE MEMBER IN CHARGE OF COOLOCK GARDA STATION, IRELAND AND THE ATTORNEY ...

  • Cirpaci -v- Judge O'Neill & Anor, [2017] IEHC 263 (2017)

    ...So, for example, in CC v. Ireland [2006] 4 I.R. 1, the Supreme Court doubted the propriety of seeking a declaration by means of judicial review as to the interpretation, and ultimately the constitutionality of s.1(1) of the Criminal ...

  • M.D. (Minor) v Ireland AG & DPP, [2012] IESC 10 (2012)
  • McNulty v Ireland and the Attorney General & Ors, [2015] IESC 2 (2015)
  • Clarke -v- The Governor of Mountjoy Prison, [2016] IEHC 278 (2016)

    THE HIGH COURT [2016 No. 459 SS]. IN THE MATTER OF AN APPLICATION FOR AN INQUIRY PURSUANT TO ARTICLE 40.4.2 OF THE CONSTITUTION OF IRELAND, 1937. BETWEEN. PAUL CLARKE APPLICANTAND. THE GOVERNOR OF MOUNTJOY PRISON RESPONDENT. JUDGMENT of Mr. Justice McDermott delivered on the 27th May, 2016. 1. This is an application for an inquiry into ...

  • G. -v- District Judge Murphy & Ors, [2011] IEHC 445 (2011)

    THE HIGH COURT2010 1290 JR. BETWEEN. B. G.APPLICANTAND . DISTRICT JUDGE CATHERINE MURPHY, DIRECTOR OF PUBLIC PROSECUTIONS AND THE JUDGES OF THE DUBLIN CIRCUIT COURT (No.2)RESPONDENTSAND. IRELAND AND THE ATTORNEY GENERALNOTICE PARTIESAND. IRISH HUMAN RIGHTS COMMISSIONAMICUS CURIAE. JUDGMENT of Mr. Justice Hogan delivered on the 8th day of December, 2011 . 1. The issues considered in this ...

  • DPP -v- Thomas Hughes, [2012] IECCA 69 (2012)

    ...Legal Development. On the 23rd February, 2012 Denham C.J. gave the judgment of the Supreme Court in the case of Ali Charaf Damache v. DPP, Ireland and The Attorney General. At para. 59 of that judgment it is recited that, for the reasons set out in the judgment:. “The Court would grant a declaration that s.29(1) of the Offences Against the ...

  • DPP v Ian Ebbs, [2011] IECCA 5 (2011)

    ...in C.C. v. Ireland [2006] 4 I.R. 1 (i.e., an offence in which it is unnecessary for the prosecution to prove mens rea but open to the defendant to avoid liability by proving that he took all reasonable care – or in ...

  • Minister for Justice, Equality and Law Reform v Tobin, [2012] IESC 37 (2012)

    ...A police investigation and criminal proceedings were commenced in September, 2000. However prior to his trial Mr. Tobin was due to return to Ireland for a family occasion and applied for the return of his passport. He was given his passport and duly visited Ireland and returned to Hungary on the 30th of October, 2000, and notified the Hungarian ...

  • S. -v- D. P. P. & Ors, [2008] IEHC 427 (2008)

    THE HIGH COURT2007 657 P. BETWEEN. Z.S.PLAINTIFFAND. THE DIRECTOR OF PUBLIC PROSECUTIONS, IRELAND AND THE ATTORNEY GENERALDEFENDANTS. Judgment of Mr. Justice Roderick Murphy delivered on the 19th day of December, 2008. 1. Background to the proceedings . The facts which follow are agreed between ...

  • S. -v- D. P. P. & Ors, [2008] IEHC 427 (2008)

    THE HIGH COURT2007 657 P. BETWEEN. Z.S.PLAINTIFFAND. THE DIRECTOR OF PUBLIC PROSECUTIONS, IRELAND AND THE ATTORNEY GENERALDEFENDANTS. Judgment of Mr. Justice Roderick Murphy delivered on the 19th day of December, 2008. 1. Background to the proceedings . The facts which follow are agreed between ...

  • Reilly -v- Judge Patwell, [2008] IEHC 446 (2008)

    ...2. If necessary a declaration that s. 6 (4) of the Litter Pollution Act 1997 is invalid having regard to the provisions of the Constitution of Ireland. 3. An order extending the time for the bringing of the application pursuant order 84 Rule 21 (1) of the Rules of the Superior Courts. - as set forth in paragraph D of the applicant's Statement of ...

  • Hussein -v- The Labour Court & Anor, [2012] IEHC 364 (2012)

    ...2. Both the applicant and the notice party are Pakistani nationals and are in fact second cousins. The applicant operates at least one Pakistani restaurant in Ireland and Mr. Younis, the notice party, claims that he was recruited by the applicant, Mr. Hussein, in September 2002 to work here as a tandoori chef when the latter returned to Pakistan for a holiday. ...

  • P. -v- D. P. P. & Ors, [2008] IEHC 426 (2008)

    THE HIGH COURT2006 4652 P. BETWEEN. J.P.PLAINTIFFAND. THE DIRECTOR OF PUBLIC PROSECUTIONS, IRELAND AND THE ATTORNEY GENERALDEFENDANTS. Judgment of Mr Justice Roderick Murphy delivered on the 19th day of December, 2008. 1. Background to the proceedings . The plaintiff pleaded guilty to two charges ...