dpp v murray

384 results for dpp v murray

  • vLex Rating
  • DPP -v- Paul Murray, [2012] IECCA 60 (2012)
  • D.P.P.-v- Martin Murray, [2005] IECCA 34 (2005)
  • Director of Public Prosecutions -v- Hussain, [2014] IECCA 26 (2014)

    ...6.2 It seems to this Court that the first part of that recharge is very closely modelled on the judgment of Henchy J. in the Supreme Court in DPP v. Murray [1977] 1 I.R. 360, where the following was said at p.403:-. “The test of recklessness in this context is well stated in the Model Penal Code—s. 2.02(2)(c)—drawn up by the American Law ...

  • Director of Public Prosecutions -v- Stack & anor, [2016] IEHC 159 (2016)

    ...11. It is worth quoting at some length from the judgment of Murray J. in Finn to appreciate the dual yardsticks arising, depending on the nature of the delay presenting. Per Murray J., at 377 et seq:. “Delay. The decision in Dunne v. Clinton [1930] I.R. 366 ...

  • DPP -v- Cecil Tomkins, [2012] IECCA 82 (2012)

    ...14. The appellant was described as calm when the Gardaí arrived. Garda Christopher Murray testified that the appellant told him:-. "There was a row. My mother wanted to be buried in Kilcormac or Gorey but she was buried in Aghowle. I shot Walter because he buried her in Aghowle.". There ...

  • D. P. P. -v- Cagney & D. P. P. -v- McGrath, [2007] IESC 46 (2007)

    THE SUPREME COURT. Record No. 481/2004. Murray C.J. Hardiman J. Geoghegan J. Fennelly J. Kearns J. BETWEEN/. THE PEOPLE AT THE SUIT OF THE . DIRECTOR OF PUBLIC PROSECUTIONS. Respondent. and . FERGAL CAGNEY. Appellant/Applicant. and . THE SUPREME ...

  • Director of Public Prosecutions -v- Fitzgibbon, [2014] IECCA 12 (2014)

    ...In his ruling, Carney J. first held that the influence of drink and drugs “affords no defence but also no mitigation in one’s responsibility to society” citing an earlier ruling of Murray C.J. This reference appears to be to Director of Public Prosecutions v Keane [2008] 3 I.R. 177. Next, the trial judge noted the range of punishments available for this offence, being from suspended ...

  • Director of Public Prosecutions -v- Dumbrell & anor, [2014] IECCA 22 (2014)

    ...2. This is an appeal against the convictions imposed following a retrial, the original convictions having being quashed by this Court on the 5th July, 2010, Murray C.J. presiding, with reasons stated on the 28th July, 2010. 3. This Court has received individual submissions filed by each of the appellants and in reply a joint submission filed by the Director of ...

  • C.C. -v- Ireland & Ors, [2005]IESC48 (2005)

    ...28. The analysis in Sweet v Parsley was approved by Henchy J. in The People v Murray [1977] I.R. 360. In that case the question was whether mens rea is required for all the elements of the new offence of capital murder. Henchy J. referred also to prosecutions under s.38 of the ...

  • Collins -v- The Director of Public Prosecutions, [2017] IEHC 779 (2017)

    ...That this is so is clear, inter alia, from the judgment in DPP v. Murray [2015] IEHC 782 where O’Malley J. states, inter alia as follows in respect of s.99, at paras. 99-100:. “99….[I]t is clear from the provisions of the section that the legislature’s intention ...

  • Kennedy v Harrahill, [2013] IESC 26 (2013)

    ...(in liquidation) [2000] I.R. 514, Bula Ltd. v. Tara Mines Ltd. (No. 6) [2000] 4 I.R. 412, and People (Director of Public Prosecutions) v. McKevitt [2009] IESC 29 (Judgment of the Court by Murray C.J. of the 26th March, 2009), and has established the criteria for such an exceptional order. 10. In Greendale Developments [2000] I.R. 514, the applicants sought to set aside the judgment and order ...

  • DPP v Cagney, [2013] IESC 13 (2013)

    THE SUPREME COURT[Appeal No: 130/08] . Denham C.J. Murray J. Clarke J. In the Matter of section 16 of the Courts of Justice Act, 1947. and. In the Matter of a Case Stated in proceedings before Dublin Circuit Court. Between/. The Director of Public ...

  • Grealis -v- D.P.P. & ors & Corbett -v- D.P.P. & ors, [2001] IESC 50 (2001)

    THE SUPREME COURTKeane C.J. 257 & 262/99. Denham J. Murphy J. Murray J. Hardiman J. Between;PADRAIC GREALIS Applicantand. THE DIRECTOR OF PUBLIC PROSECUTIONS IRELAND . and THE ATTORNEY GENERAL Respondents. Between:EMETT CORBETT Applicantand . THE DIRECTOR OF PUBLIC ...

  • Director of Public Prosecutions -v- J.C., [2015] IESC 31 (2015)

    THE SUPREME COURT[Appeal No: 398/2012] . Denham C.J. Murray J. Hardiman J. O’Donnell J. McKechnie J. Clarke J. MacMenamin J. Between/. THE DIRECTOR OF PUBLIC PROSECUTIONSProsecutor/Appellantand. J.C.Accused/Respondent. JUDGMENT of Mr. Justice Hardiman ...

  • Buck -v- The Governor of Portlaoise Prison, [2016] IEHC 402 (2016)

    ...389). He also stated:. “20. The matter has been revisited more recently by the Court of Criminal Appeal presided over by Murray C.J. in the case of DPP v. Bryan Ryan [2011] IECCA 6 . In the court’s view, the fact that no admissions were made during the time that the Gardaí were seeking to secure the attendance of a ...

  • DPP v John Brett, [2011] IECCA 12 (2011)

    UNAPPROVEDTHE COURT OF CRIMINAL APPEAL. 299/08 & 4/09. Murray C.J. . Budd J. McMahon J. BETWEEN. THE PEOPLE AT THE SUIT OF . THE DIRECTOR OF PUBLIC PROSECUTIONS. PROSECUTOR/RESPONDENT. -v-. JOHN PAUL BRETT. APPLICANT/APPELLANTJUDGMENT of the Court delivered by ...

  • Court Takes Into Account Duty Of 'Fidelity To The Nation And Loyalty To The State'… 'In A Time Of Fiscal Emergency' When Imposing Sentence

    ... Background. The case, DPP v Paul Murray  involved a 63 year old former carpenter who was sentenced to over 12 years imprisonment by the Circuit Criminal Court after pleading guilty to having a false passport and 25 sample counts of social ...

  • Director of Public Prosecutions -v- Gormley, Director of Public Prosecutions -v- White, [2014] IESC 17 (2014)

    THE SUPREME COURT[Appeal No: 107/2011] . Denham C.J. Murray J. Hardiman J. McKechnie J. Clarke J. Between/. THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONSProsecutor/Respondentand. RAYMOND GORMLEYAccused/Appellant. [Appeal No: 92/2012] THE ...

  • DPP -v- Cormac Fitzpatrick and Terry McConnell, [2012] IECCA 74 (2012)

    ...As pointed out by Murray C.J. in J. McD. v. P.L. [2010] 2 I.R. 199, the Convention is not part of Irish law by its own force. It becomes part of domestic law only in accordance with the terms of the European Convention on ...

  • Cullen v the Director of Public Prosecutions, [2014] IESC 59 (2014)

    THE SUPREME COURTAppeal No. 342/13. Denham C.J. Murray J. O’Donnell J. McKechnie J. Dunne J. Between/. Sharon CullenApplicant/Respondentand. The Director of Public ProsecutionsRespondent/Appellant. Judgment of the Court delivered on the 16th October, ...

  • D.P.P. -v- H., [2007] IEHC 335 (2007)

    ...Particularly gross circumstances, serious effects on the victim and multiple victims can cause that tariff to be exceeded. In The People (D.P.P.) v. Murray, Irish Times, 6th February, 2007, a grandfather pleaded to guilty to three sample charges of rape on his grandchildren all aged nine to sixteen. It would appear that the guilty plea, and perhaps ...

  • P.G. -v- Ireland & Ors, [2005]IESC47 (2005)

    ...The only Irish case which, in my view, has any direct bearing is The People (D.P.P) v. Murray [1977] I.R. 360. That was a case in which the Supreme Court dealt with the element of mens rea in a prosecution for capital murder. The Court of Criminal Appeal had held that the offence of "capital ...

  • The County Council of Meath -v- Murray & anor, [2017] IESC 25 (2017)
  • DPP -v- Power, [2007] IESC 31 (2007)

    THE SUPREME COURT. 459 of 06. Murray C.J. Denham J. Fennelly J. Macken J. Finnegan J. IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 29 OF THE COURTS OF JUSTICE ACT 1924. BETWEEN. THE DIRECTOR OF PUBLIC PROSECUTIONS. ...

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

    ...Despite the initiation of an appeal to the Circuit Court, an order of certiorari was nonetheless granted by the High Court and upheld by the Supreme Court. At p. 118-119, Murray J. stated:. “Where a trial, whether summary or on indictment, has been conducted in such a way as to be in breach of a fundamental principle of constitutional justice, the mere existence of a right ...