dpp v clifford

41 results for dpp v clifford

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  • D.P.P. -v- Judge O'Leary & Ors, [2007] IEHC 407 (2007)

    ...In D.P.P. v. Reynolds all the cases were adjourned to 1st June, 2006 and 8th June, 2006 where he referred to P.M. v. D.P.P.; Barker v. Wingo; Blood v. D.P.P.; and D.P.P. v. Anthony Clifford. The first named respondent indicated, on 15th June, 2006, that he had issued a press release following a press article in the Examiner on 9th June, 2006, headed "Judge to let drink drivers off over ...

  • D.P.P. -v- Judge O'Leary & Ors, [2007] IEHC 407 (2007)

    ...In D.P.P. v. Reynolds all the cases were adjourned to 1st June, 2006 and 8th June, 2006 where he referred to P.M. v. D.P.P.; Barker v. Wingo; Blood v. D.P.P.; and D.P.P. v. Anthony Clifford. The first named respondent indicated, on 15th June, 2006, that he had issued a press release following a press article in the Examiner on 9th June, 2006, headed "Judge to let drink drivers off over ...

  • D. P. P. -v- Hopkins, [2009] IEHC 337 (2009)

    ...In a just society, both are needed.". This statement of principle was quoted with approval in this jurisdiction by Ó Caoimh J. in DPP v. Clifford [2002] 4 I.R. 398. 27. Similarly, and in the context of a prosecution for drink driving, the Supreme Court has held that allegations of prejudice based on technical slips by the authorities must be ...

  • D. P. P. -v- Hopkins, [2009] IEHC 337 (2009)

    ...In a just society, both are needed.". This statement of principle was quoted with approval in this jurisdiction by Ó Caoimh J. in DPP v. Clifford [2002] 4 I.R. 398. 27. Similarly, and in the context of a prosecution for drink driving, the Supreme Court has held that allegations of prejudice based on technical slips by the authorities must be ...

  • Sweeney -v- District Judge Fahy, [2014] IESC 50 (2014)

    ...The authors cite, in that context, Lennon v. Clifford [1992] 1 I.R. 382, at p. 386 per O'Hanlon J. and the express approval of that statement of O'Hanlon J. by this Court on appeal in the same case, Lennon v. Clifford [1996] 2 I.R. 590 at p. 593 per ...

  • Mc G. -v- D. P. P., [2009 IEHC 294 (2009)

    ...K.M. v. D.P.P. [1994] 1 I.R. 514. Braddish v. D.P.P. and Another [2001] 3 I.R. 127. Dunne v. D.P.P. [2002] 2 I.R. 305. D.K. v. D.P.P. [2006] I.E.S.C. 40. O'Flynn v. Clifford and Others [1998] I.R. 740. Scully v. D.P.P. [2005] 1 I.R. 242. P.G. v. D.P.P. [2007] 3 I.R. 39. O.H. v. D.P.P. [2007] I.E.S.C. 12. B.F. v. D.P.P. (Unreported, High Court, 15th June, 2007). Bowes and ...

  • Mc G. -v- D. P. P., [2009 IEHC 294 (2009)

    ...K.M. v. D.P.P. [1994] 1 I.R. 514. Braddish v. D.P.P. and Another [2001] 3 I.R. 127. Dunne v. D.P.P. [2002] 2 I.R. 305. D.K. v. D.P.P. [2006] I.E.S.C. 40. O'Flynn v. Clifford and Others [1998] I.R. 740. Scully v. D.P.P. [2005] 1 I.R. 242. P.G. v. D.P.P. [2007] 3 I.R. 39. O.H. v. D.P.P. [2007] I.E.S.C. 12. B.F. v. D.P.P. (Unreported, High Court, 15th June, 2007). Bowes and ...

  • Director of Public Prosecutions -v- Sean Kenny, [2006] IEHC 330 (2006)

    ...The State. (Duggan) -v- Evans [1978] 112 ILTR 61 at 63 per Finlay. P. (as he then was) (High Court). DPP -v- Collins. [1981] ILRM 447 at 452/3 per Henchy J. (Supreme Court). DPP -v- Clifford [2002] 4 I.R. 398 at 400 per O Caoimh. J., (as he then was), (High Court). He also referred. to Robert Pierse, Road Traffic Law, Volume 1, page 789,. (2004, First Law). It was submitted by Mr. S. O ...

  • D. P. P. -v- Hopkins, [2009] IEHC 337

    ...In a just society, both are needed.". This statement of principle was quoted with approval in this jurisdiction by Ó Caoimh J. in DPP v. Clifford [2002] 4 I.R. 398. 27. Similarly, and in the context of a prosecution for drink driving, the Supreme Court has held that allegations of prejudice based on technical slips by the authorities must be ...

  • A.D v The Director of Public Prosecutions, [2006] IEHC 135 (2006)

    ...v. D.P.P. cited earlier). As Gannon J. pointed out in O'Flynn v. Clifford [1988] I.R. 740:"….it is no part of the function of the courts to participate either in the investigation of criminal offences, or the supervisory direction of those charged with that work."40. The ...

  • B.C v Judge Brian Kirby & Anor, [2005] IEHC 446 (2005)

    ...In this context the statements of law by McCracken J. in M.(J). v. D.P.P. (unreported, Supreme Court, 2004) are apposite: "In O'Flynn v. Clifford [1988] I.R. 740 Gannon J. in a passage subsequently approved of by the Supreme Court said at p. 745:. "A person who is a mere suspect (and therefore presumed innocent) has no legal right to have a ...

  • Clifford -v- D. P. P., [2008] IEHC 322 (2008)
  • Eshwarprasadh Kessopersadh & Anor v Gearoid Keating & Ors, [2013] IEHC 317 (2013)

    ...4 of the Criminal Justice Act, 1984. 39. Garda Plunkett sent a further report on the 17th July, 2004 to his Sergeant, John Clifford. He attached thereto the findings of Sergeant Finn and Garda Bonar. In forwarding the report, Sergeant Clifford recorded his own view that there was sufficient evidence that Roshen Kessopersadh was ...

  • Ahmed -v- The Fitness to Practice Committee of the Medical Council & ors, [2018] IEHC 75 (2018)

    ...The authors cite, in that context, Lennon v. Clifford [1992] 1 I.R. 382, at p. 386 per O'Hanlon J. and the express approval of that statement of O'Hanlon J. by this Court on appeal in the same case, Lennon v. Clifford [1996] 2 I.R. 590 at p. 593 per ...

  • Clifford -v- D. P. P., [2008] IEHC 322 (2008)
  • McFarlane -v- DPP, [2008] IESC 7 (2008)

    ...He cited the judgment of Lamer J in Mills v The Queen 91986) 29 D.L.R. 161 and that of Gannon J in O'Flynn v District Justice Clifford [1988] I.R. 740. While these were authorities suggested that pre-complaint delay or lapse of time did not confer any rights on an accused person, he concluded at page 579: "I am accordingly, ...

  • McFarlane -v- DPP, [2008] IESC 7 (2008)

    ...He cited the judgment of Lamer J in Mills v The Queen 91986) 29 D.L.R. 161 and that of Gannon J in O'Flynn v District Justice Clifford [1988] I.R. 740. While these were authorities suggested that pre-complaint delay or lapse of time did not confer any rights on an accused person, he concluded at page 579: "I am accordingly, ...

  • Dowling & Ors -v- Judge Brennan & Anor, [2010] IEHC 522 (2011)

    ...83. He relied on the decision in Lennon v. District Judge Clifford [1992] 1 I.R. 382, the High Court confirmed that it was not available as a Court of Appeal except where it is given such a function by statute and that the scope for challenging the validity of ...

  • Reade -v- District Judge Reilly & DPP, [2009] IESC 66 (2009)

    ...As was stated by McCarthy, J. in Feeney v District Justice Clifford [1989] I.R. 668 relied upon by the learned High Court judge: "I would endorse these views as so expressed but point out that they are confined to cases where a district justice, having come to the ...

  • K -v- Dpp, [2007] IEHC 45 (2007)

    ...In this regard reliance was placed upon the judgment of Gannon J. in O'Flynn v. Clifford and Others [1998] 1 I.R. 740, which was approved by the Supreme Court inter alia in P.M. v. Malone and Another. It was submitted that the prosecution did not commence in 1995 and could not have ...

  • Berry -v- Judge Mc Carthy & Anor, [2008] IEHC 97 (2008)

    ...The applicant maintains his right, as he is entitled to do, to proceed ahead with his appeal against his conviction and sentence to the Circuit Court. 20. In Lennon v. District Judge Clifford [1992] 1 I.R. 382, at p. 386, O'Hanlon J. reviewed the relevant authorities and stated:-"The general tenor of the decisions is that the High Court is not available as a court of appeal from decisions ...

  • Berry -v- Judge Mc Carthy & Anor, [2008] IEHC 97 (2008)

    ...The applicant maintains his right, as he is entitled to do, to proceed ahead with his appeal against his conviction and sentence to the Circuit Court. 20. In Lennon v. District Judge Clifford [1992] 1 I.R. 382, at p. 386, O'Hanlon J. reviewed the relevant authorities and stated:-"The general tenor of the decisions is that the High Court is not available as a court of appeal from decisions ...

  • Reade -v- District Judge Reilly & DPP, [2009] IESC 66

    ...As was stated by McCarthy, J. in Feeney v District Justice Clifford [1989] I.R. 668 relied upon by the learned High Court judge: "I would endorse these views as so expressed but point out that they are confined to cases where a district justice, having come to the ...

  • Blood -v- DPP, [2005] IESC 8 (2005)

    ...in the State (Healy) v Donoghue [ 1976] I.R. 325, 336. Gannon J. again considered the question in O'Flynn v Clifford [1988] I.R. 740 where the learned judge observed (at page 744):. "It is not the fact of delay but rather the effect of delay which is a primary factor, the test being whether or not the accused would ...

  • D (S) C -v- Dpp, [2005] IEHC 447 (2005)

    ...I rely on the authorities cited in the case of B.C. in relation to this matter. On the basis of the High Court authority (O'Flynn v. Clifford [1988] I.R. 740 per Gannon J.), specifically approved by McCracken J. in the Supreme Court in the case of his judgment in M.(J.) v. D.P.P. (unreported, Supreme Court, 2004) as recently as last year, ...