dpp v clifford

1 result for dpp v clifford

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  • N.P v DPP, [2005] IEHC 33 (2005)

    ...Reliance was also placed upon the approval of the Supreme Court in O'Flynn v. Clifford [1989] I.R. 524 of the following extract from the High Court judgment of Gannon J. in that case:"The supposed existence of an unexpressed suspicion of criminality in the mind of another in relation ...

  • 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, ...

  • McFarlane -v- DPP, [2006] IESC 11 (2006)

    ...The position of a person who is suspected of a criminal offence, but not charged with it, has been considered by Gannon J. in O'Flynn v. Clifford [1988] IR 740 at 744:"There is I think an important distinction between the stage before charge, when a matter of a suspected crime is being investigated, and the stage after an accused person has ...

  • W M -v- Dpp, [2006] IEHC 21 (2006)

    ...7th February, 2002Death of applicant's and complainants' father. The fundamental test, in an action such as this, is whether or not the accused would have a fair trial (O'Flynn v. Clifford [1988] I.R. 740). The right to an expeditious trial is a fundamental principle of law. In P.C. v. The Director of Public Prosecutions [1999] 2 I.R. 25 Keane J. stated at p. 65:"The right of an ...

  • D.P.P.-v- Brian Meehan, [2006] IE CCA 104 (2006)

    ...Sgt. Michael Clifford. The defence objection is now effectively confined to the inputting of the subscriber name and telephone number to the computer system. In this regard it was submitted on behalf of the applicant that ...

  • Massoud -v- Judge Ann Watkins & DPP, [2004] IEHC 434 (2004)

    ...Gannon J. in O'Flynn v.District Justice Clifford [1988] I.R. 740, at p. 745, refers specifically to the unlawful detention of a person without charge to facilitate the investigation and formulation of intended charges wherein he states:. "But if it ...

  • Massoud -v- Judge Ann Watkins & DPP, [2004] IEHC 435 (2004)

    ...Gannon J. in O'Flynn v.District Justice Clifford [1988] I.R. 740, at p. 745, refers specifically to the unlawful detention of a person without charge to facilitate the investigation and formulation of intended charges wherein he states:. "But if it ...

  • J.F v The Director of Public Prosecutions, [2005] IEHC 382 (2005)

    ...During the course of his judgment in that appeal, the learned Chief Justice, having referred to the judgment of Gannon J. in O'Flynn v. District Justice Clifford [1988] I.R. 740, stated at page 578:. "In the light of the subsequent decision of this court in Director of Public Prosecutions v. Byrne [1994] 2 I.R. 236 to which I have already referred, it is now ...

  • Doyle v The Director of Public Prosecutions, [2006] IEHC 228 (2006)

    ...The concept of his speedy, or expeditious, trial comes to be considered as part of an accused's entitlement to a fair trial; this is the fundamental test O'Flynn v. Clifford [1988] I.R. 740. In applications such as this where the applicant is seeking to restrain, in this case the Director of Public Prosecutions, from proceeding against him it is for the applicant to ...

  • Kildare County Council v An Bord Pleanala, [2006] IEHC 173 (2006)

    ...An Bord Pleanála [1983] ILRM 12 and O'Callaghan v. Clifford [1993] 3 I.R."61. The applicants say that the respondent did not request the applicant to furnish any additional information in connection with the Environmental Impact Assessment that the respondent ...

  • W -v- District Justice Flannan Brennan, [2005]IEHC 165 (2005)

    ...Donoghue [1976] I.R. 325 and O'Flynn v. Clifford [1988] I.R. 740. He also argued that the views expressed in the latter case were approved by Walsh J., with the assent also of Finlay, C.J., and Griffin, J in the course of the. appeal. And he relied ...

  • J.M. -v- DPP, [2004] IESC 47 (2004)

    ...A further example of slovenliness alleged concerns the failure to discover that T McN again, who was central to the most serious complaint made by JB, was still alive. In O'Flynn v. Clifford [1988] IR 740 Gannon J, in a passage subsequently approved of by the Supreme Court, said at page 745:-. "A person who is a mere suspect (and therefore presumed innocent) has no legal right to have a ...

  • O'Brien -v- The Special Criminal Court & Anor, [2008] IEHC 297 (2005)

    ...In the matter of Article 26 of the Constitution and in the matter of the Emergency Powers Bill 1976 [1977] I.R. 159 and Gannon J. in the case of O'Flynn v. District Justice Clifford [1988] I.R. 740 at p. 745. In addition he relied on the judgment of McGuinness J. in her judgment in D.P.P. v. Early [1998] 3 I.R. 158 at pp. 167-169. Clearly then a pivotal issue which arises here ...

  • McE. -v- Judge Miriam Malone & anor, [2002] IESC 46 (2002)

    ...The judgment of the High Court (Gannon J) in O'Flynn -v- Clifford and Others [1988] 1IR 740 also requires careful consideration. In that case, each of the applicants was, in February 1988, charged with the commission of an offence in August 1986. When the matters ...

  • O Keeffe v The Governor of St Patrick's Institution, [2005] IEHC 430 (2005)

    ...In that regard, Mr McDonagh has referred to the judgment of McCarthy J. in Feeney v. District Justice Clifford [1989] I.R. 668. That was a case where the respondent having heard an outline of the offences from a Garda decided that they were minor offences and fit to be tried summarily. The applicant elected ...

  • McNamara -v- Judge Uinsin MacGruairc & anor, [2001] IESC 55 (2001)

    ...Clearly the right of the accused or the obligation on the State cannot arise until the commission of a crime has become known to the authorities. In O'Flynn .v. Clifford [1988] IR 740 Gannon J held that a person who was a mere suspect had no legal right to have a charge made against him nor to have some legal process diligently or expeditiously pursued by arrest or ...