dpp v murray

389 results for dpp v murray

  • vLex Rating
  • DPP v Connolly, [2011] IESC 6 (2011)

    HE SUPREME COURT. Record No. 478/2009. Murray C.J. . Hardiman J. Fennelly J. Macken J. Finnegan J. IN THE MATTER OF A CERTIFICATE PURSUANT TO SECTION 29 OF THE COURTS OF JUSTICE ACT, 1924 AS SUBSTITUTED BY SECTION 22 OF THE CRIMINAL JUSTICE ACT, ...

  • DPP -v- Walsh, [2005] IEHC 77 (2005)

    ...In the judgment of Murray, J.(as he then was) he stated:"In my view, the facts found by the learned Circuit Court Judge demonstrate that what is involved here is the introduction of a discrete and defined minimum period of ...

  • Director of Public Prosecutions -v- Piotrowski, [2014] IECCA 17 (2014)

    ...This event would appear to have occurred at about 10.45 on the morning in question. This conversation was noted and Sgt. Mulhall also gave evidence of having immediately informed Inspector Murray of those matters by phone. 9.3 However, on day 6, at p. 21, Sgt. Mulhall, under cross-examination, indicated that Ms. Z had talked to him at 9.00 a.m. in hospital (being earlier that the "motor car" ...

  • DPP(at the suit of Garda Shane Curran) v Foley, [2006] IEHC 11 (2006)

    ...It would seem to me that if the period of twenty minutes for the purposes of observation is justified by way of evidence as indicated in the judgment of Murray C.J. in the Finn case as being necessary for the purposes of obtaining a suitable sample of breath for the purposes of validly carrying out the breath test, it necessarily follows that the twenty ...

  • F.X. -v- Clinical Director of the Central Mental Hospital, [2014] IESC 01 (2014)

    THE SUPREME COURTAppeals No. 315 & 318/12. Denham C.J. Murray J. Hardiman J. O’Donnell J. McKechnie J. Between/. F.X.Applicant/Respondentand. The Clinical Director of the Central Mental Hospital Appellantand. The Director of Public ProsecutionsNotice Party . ...

  • Mallak v Minister for Justice Equality & Law Reform, [2012] IESC 59 (2012)

    THE SUPREME COURTJUDICIAL REVIEW. Appeal No. 339/2011. Denham C.J. Murray J. Fennelly J. O’Donnell J. McKechnie J. BETWEEN:. GHANDI NAWAF MALLAKApplicant/Appellant. -AND-. THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM. Respondent. Judgment delivered the 6th day of ...

  • Roche -v- Roche & ors, [2009] IESC 82 (2009)

    THE SUPREME COURT[Appeal No: 469/2006. Appeal No: 59/2007] . Murray C.J. Denham J. . Hardiman J. Geoghegan J. Fennelly J. Between/. Mary RocheApplicant/Appellant . and. Thomas Roche, Anthony Walsh,. David Walsh and Sims Clinic LtdDefendants/Respondents . and. ...

  • Oates -v- District Judge Browne & another, [2016] IESC 7 (2016)

    ...That this is so was recognised (on the evidence provided) by this Court, as it had been by the High Court, in McGonnell v. Attorney General [2007] 1 I.R. 400 at 409. Chief Justice Murray said, in a passage of great significance for the present case:. “It is… abundantly clear that where the preferred method of testing is breath and breath only, the person in question is in a ...

  • Criminal Assets Bureau -v- Murphy & anor, [2018] IESC 12 (2018)

    ...100. Two other recent decisions of this court concerning Article 40.5 of the Constitution may be mentioned relatively briefly. In Meath County Council v. Murray [2017] IESC 25, the Court rejected a submission that Article 40.5 could prevent a planning authority from obtaining an order pursuant to s.160 of the Planning and Development Act, requiring the ...

  • H. -v- D.P.P., [2006] IESC 55 (2006)

    THE SUPREME COURT. Murray C.J. 389/2004. Denham J. 467/2004. Hardiman J. . Geoghegan J. . Fennelly J. . Between. H.Applicant/Appellant-v-. The Director of Public ProsecutionsRespondent. JUDGMENT of the Court delivered on the ...

  • Director of Public Prosecutions -v- Foley, [2013] IECCA 90 (2013)

    THE COURT OF CRIMINAL APPEAL. Murray, J. [314/09]. de Valera, J. McGovern, J. BETWEEN/. THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS). RESPONDENTAND. DANIEL FOLEY. APPLICANT. JUDGMENT of the Court delivered on the 20th ...

  • Director of Public Prosecutions -v- Z, [2014] IECCA 13 (2014)

    ...Z and his abuse problems. In taking the view that those factors were of little weight, the sentencing judge made reference to an unnamed decision of Murray C.J. to the effect that the voluntary consumption of drink or drugs does not amount to mitigation and to the ruling of this Court delivered by Geoghegan J. in Director of Public Prosecutions v. ...

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

    ...In The People (D.P.P.) v. C. [2001] 3 I.R. 345 (CCA), Murray J. observed at p.362:-"Corroborative evidence does not mean that the evidence of the complainant must be corroborated in every material respect".In that case the complainant had given evidence that ...

  • Director of Public Prosecutions v M.C., [2014] IESC 28 (2014)

    THE SUPREME COURT[Appeal No: 428/2012] . Murray J. Hardiman J. Fennelly J. Clarke J. MacMenamin J. Between/. The People at the suit of the Director of Public ProsecutionsProsecutor/Appellantand. M.C.Defendant/Respondent. Judgment of Mr. Justice ...

  • 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 ...

  • Douglas -v- DPP & Ors, [2013] IEHC 343 (2013)

    ...10. A majority of the Supreme Court (with Denham C.J. and Murray J. dissenting) held that in these circumstances the amendments effected by the 1997 Act had not substantially re-enacted s. 2(1) of the 1935 Act. It followed, therefore, that the sub-section could ...

  • DPP -v- Tallon, [200] IEHC 232 (2006)

    ...3. This submission is said to emanate from the decision of the Supreme Court (Kearns J. and McCracken J.; Murray C.J. dissenting in the D.P.P. v. Moorehouse [2006] 1 ILRM 103). Counsel for the accused submits that this is authority for the proposition hat no such offence as set out in the charge sheet exists - ...

  • D.P.P.-v- Adam Keane, [2007] IECCA 119 (2007)

    ...Irvine J. IN THE MATTER OF SECTION 2 OF THE CRIMINAL. JUSTICE ACT 1993 . BETWEEN. THE DIRECTOR OF PUBLIC PROSECUTIONS. APPLICANT. -v-. ADAM KEANERESPONDENTJUDGMENT of the Court delivered by Murray C.J. on the 19th day of December 2007. This is an application by the Director of Public Prosecutions pursuant to s. 2 of the Criminal Justice Act 1993 for a review of the sentence imposed on the ...

  • Director of Public Prosecutions -v- McKevitt, [2014] IECCA 19 (2014)

    ...It is said that the judgment is a newly discovered fact. In the view of this court this application is entirely misconceived. In the course of its judgment this court quoted judgment of Murray C.J. in A v Governor of Arbour Hill Prison [2006] 4 I.R. 88. In that judgment the Supreme Court made clear that when an Act is declared unconstitutional a distinction is made between the making of ...

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

    ...12 The decision in Cugullere can be seen as a routine application of the principle applied in this jurisdiction in The People v. Murray [1977] I.R. 360, which involved the question whether on a charge of capital murder, where the mens rea for murder had been established, it was nevertheless necessary to prove mens rea in respect of ...

  • Dpp -v- Canavan, [2007] IEHC 46 (2007)

    ...v. Damien McNiece [2003] 2 I.R. 614 in which Murray C.J. deals with the issues of adequacy of observation. In the recent case of D.P.P. v. Walsh [2005] IEHC 77 Macken J. sitting in the High Court gave a helpful review of cases with regard to how much ...

  • P.G. -v- DPP, [2006] IESC 19 (2006)

    JUDGMENT BY: Hardiman J. THE SUPREME COURT. Murray C.J. 325/04. Denham J. Hardiman J. Geoghegan J. Fennelly J. Between:. P.G. Appellent. and. THE DIRECTOR OF PUBLIC PROSECUTION. Respondent. JUDGMENT of Mr. Justice Hardiman delivered the 29th day of ...

  • Osmanovic, C. -v- D.P.P., Osmanovic, D.-v- D.P.P., Sweeney -v- Ireland & Anor, [2006] IESC 50 (2006)

    THE SUPREME COURT. Murray C.J. 440/2004. Denham J. Hardiman J. Geoghegan J. Kearns J.BETWEENDERVISA OSMANOVICAppellant/Applicant. and . THE DIRECTOR OF PUBLIC PROSECUTIONS,. IRELAND AND THE ATTORNEY GENERALRespondents. THE ...

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

    ...It may be that the issues which courts are called upon to determine in cases of this type may be assessed without a necessary abandonment of the presumption of innocence at any point. For as Murray J. (as he then was) pointed out in P.O.C. v. D.P.P. [2000] 3 I.R. 87 at p. 104 "the right to prosecute does not depend on the assumption that the evidence being tendered by the prosecution against a ...

  • Murphy -v- Ireland & ors, [2014] IESC 19 (2014)

    THE SUPREME COURT463/2011 . Denham C.J. Murray J. Hardiman J. Fennelly J. O’Donnell J. Between:. Thomas MurphyPlaintiff/AppellantAnd. Ireland, The Attorney General and the. Director of Public ProsecutionsDefendants/Respondents. Judgment of the ...