dpp v murray

390 results for dpp v murray

  • vLex Rating
  • Ludlow -v- DPP, [2008] IESC 54 (2008)

    THE SUPREME COURT. [S.C. No. 311 of 2005]. Murray C.J. Denham J. . Hardiman J. Between/. Denis Ludlow. Applicant/Respondent . and. The Director of Public Prosecutions. Respondent/Appellant. Judgment delivered the 31st day of July, 2008 by Denham J. ...

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

    ...He had no basis by which to argue that he would have benefitted from the existence of a defence relating to mistake, as held for in A v. Arbour Hill [2006] 4 I.R. 88. Counsel cited from Murray C.J.:-. “…in a criminal prosecution where the State relied in good faith on a statute in force at the time and the accused did not seek to impugn the bringing or conduct of the prosecution, on ...

  • DPP -v- Moran, [2014] IEHC 341 (2014)

    ...The Garda found this driving to be erratic and activated the blue lights on the patrol car in order to signal the driver to stop. The Garda spoke to the driver who gave his name as Colman Murray of 23, Crowe Street, Gort, Co. Galway. Garda Lynch detected a strong smell of alcohol from the driver’s breath and noticed that his speech was slurred. The Garda formed an opinion that the ...

  • R. -v- Child and Family Agency & anor, [2018] IEHC 469 (2018)

    ...18. With regard to the specificity or particularity with which a claim ought to be made, in A.P. v. Director of Public Prosecutions [2011] 1 I.R. 729 Murray C.J. stated:-. “5. In the interests of the good administration of justice it is essential that a party applying for relief by way of judicial review sets out clearly and precisely each and every ...

  • Kearns -v- Director of Public Prosecutions, [2015] IESC 23 (2015)

    THE SUPREME COURT. JUDICIAL REVIEW[Appeal No. 489/2013]. Denham C.J. Murray J. Hardiman J. O’Donnell J. Dunne J. . BETWEEN . LUKE KEARNS APPLICANT/APPELLANTv. THE DIRECTOR OF PUBLIC PROSECUTIONSRESPONDENT. Judgment of Ms. Justice Dunne delivered the 6th day of March, 2015 ...

  • DPP -v- Edward Anthony Farrell, [2009] IECCA 92 (2009)

    ...It is also to be noted that on the 1st October, 2007, Murray C.J. signed a Practice Direction CCAO5 in respect of written submissions on legal issues in sentence appeals. Paragraph 5 of this Practice Direction states:-5. The above provisions shall apply ...

  • Sulaimon v Minister for Justice Equality and Law Reform, [2012] IESC 63 (2012)

    THE SUPREME COURT Appeal No. 323/2010. Denham C.J. Murray J. Hardiman J. Fennelly J. O’Donnell J. Between:. FAISOL OLUWANIFEMI SULAIMON (AN INFANT, SUING BY HIS FATHER AND NEXT FRIEND FATAI A. AYIMLA SULAIMON) Respondent/ApplicantAND. MINISTER FOR JUSTICE ...

  • Foley -v- The governor of Portaloise Prison, [2016] IEHC 334 (2016)

    ...Murray C.J. summarised the general principle applicable to the retroactivity of such declarations as follows:-. “125. In a criminal prosecution where the State relies in good faith on a statute in force ...

  • McCaffery & anor -v- Central Bank of Ireland & anor, [2017] IEHC 546 (2017)

    ...It is one thing to say that a man must be allowed to defend himself but quite another to say that the State must pay the cost of his defence.”. 112. Similar views were expressed by Murray C.J. in his judgment in Lawlor v. Planning Tribunal [2010] 1 I.R. 170 (at 189-90):. “[54] What the case law does establish, in the context of the criminal law, is the right to be provided with ...

  • 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. ...

  • DPP -v- Michael Byrne, [2012] IECCA 72 (2012)

    THE COURT OF CRIMINAL APPEAL[No. 117/10 CCA]. Murray J. Hanna J. Hogan J. BETWEEN/. THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)PROSECUTOR/RESPONDENTAND. MICHAEL BYRNEAPPELLANT. JUDGMENT of the Court delivered on the 6th day of July, ...

  • DPP -v- Liam Bolger, [2013] IECCA 6 (2013)

    ...19. In A. v. Governor of Arbour Hill Prison [2006] IESC 45, [2006] 2 I.L.R.M. 481, [2006] 4 I.R. 88 at 143, paragraph 125, a general principle was stated by Murray C.J. (as he was then):-. “In a criminal prosecution where the State relies in good faith on a statute in force at the time and the accused does not seek to impugn the bringing or conduct of the ...

  • DPP -v- Vitoldas Jagutis, [2013] IECCA 4 (2013)

    ...and Hardiman J. although all members of the court agreed on the ultimate outcome of the case. In that context it is appropriate to note that the other members of the Court (Murray C.J., Denham and Geoghegan JJ.) expressly agreed with the judgment of Fennelly J. It follows that the reasoning of the Court is to be found in the judgment of Fennelly J. 3.3 It is, as always, ...

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

    ...had no appeal extant. That, he says, is itself, a sufficient distinction. He relies in particular on the judgment of Murray C.J. in A. at p.143 under the heading “The General Principle”, as follows:. “In a criminal prosecution where the State relies in good faith on a statute in force at the time and the accused ...

  • Director of Public Prosecutions -v- Collins, [2014] IECCA 30 (2014)

    ...The Supreme Court (Keane C.J., Denham, Murphy, Murray and Hardiman JJ.) unanimously held that the warrant was valid. The warrant correctly recited the statutory requirements imposed by s.26 of the Misuse of Drugs Act 1977, as amended, for the grant of a ...

  • Ellis -v- The Minister for Justice and Equality & ors, [2016] IEHC 234 (2016)

    ...2 of the Criminal Justice Act, 1990. This challenge was rejected by the Supreme Court and the entitlement of the Oireachtas to fix a mandatory sentence for murder was upheld. It was stated by Murray C.J. at para 49:-. "The court is satisfied, as O Dálaigh C.J. explained in [Deaton v. Attorney General] that the Oireachtas in the exercise of its legislative powers may choose in particular cases ...

  • Wicklow County Council -v- Kinsella & Anor, [2015] IEHC 229 (2015)

    ...Were it not for the constitutional argument, I would have been inclined to adopt the same approach as did Edwards J. in Meath County Council v. Murray [2010] IEHC 254, i.e., grant the injunction, albeit subject to a two year stay.”. The learned trial judge then turned to examine the constitutional argument, having noted (at para. 32) that it ...

  • Minister for Justice and Equality -v- D.F., [2016] IEHC 82 (2016)

    ...Herman [2015] IESC 49, which approved the comments in Minister for Justice, Equality and Law Reform v. Rodnov (Unreported, Supreme Court, 1st June, 2006) of Murray C.J., regarding the importance of information in a case being clear and precise. 49. Although the respondent accepts that the issuing judicial authority is not under any obligation to set out a prima ...

  • Clarke -v- The Governor of Mountjoy Prison, [2016] IEHC 278 (2016)

    ...A principle of absolute retroactivity in respect of such decisions or cases was firmly rejected. Murray C.J summarised the general principle applicable as follows:. “125. In a criminal prosecution where the State relies in good faith on a statute in force at the time and the accused does not seek to ...

  • Director of Public Prosecutions -v- M, [2018] IESC 21 (2018)

    ...That was confirmed in Murray v. United Kingdom (1996) 22 EHRR 29, although the Court made it clear that the right to silence was not absolute and that it could in some circumstances be limited by appropriate inference-drawing ...

  • Cunningham v The President of the Circuit Court & anor, [2012] IESC 39 (2012)

    ... of the Commission to Inquire into Child Abuse where the issues in the case had become moot by reason of a change of policy of that commission subsequent to the decision of the High Court in Murray & anor v. Commission to Inquire into Child Abuse [2004] 2 I.R. 222, and while an appeal was pending to this court. 4.8 It must, of course, be acknowledged that some cases which have become moot may ...

  • DPP -v- Desmond Donnelly, Gerard McGarrigle and James Murphy, [2012] IECCA 78 (2012)

    ...(This, it should be noted in the present context, is also the test applied in the context of drawing adverse inferences from the defendants’ silence. See: John Murray v. The United Kingdom, (Case 18731/91) (1996) E.H.R.R. 3 at para.47). This line of authority had caused considerable concern, particularly in the United Kingdom, and in the decision of R v. ...

  • D.P.P.-v- Warren Dumbrell & Jeffrey Dumbrell, [2010] IECCA 84 (2010)

    UNAPPROVED. COURT OF CRIMINAL APPEAL187/08. 199/08. Murray C.J. . McKechnie J. Dunne J. BETWEEN. THE DIRECTOR OF PUBLIC PROSECUTIONS. RESPONDENT-v-. JEFFREY DUMBRELL AND WARREN DUMBRELL. APPLICANTSJUDGMENT of the Court delivered by Murray C.J. on the 28th ...

  • DPP v Hegarty, [2011] IESC 32 (2011)

    THE SUPREME COURT. MURRAY C.J. O’DONNELL J. McKECHNIE J. [2008 Appeal No. 350]IN THE MATTER OF . SECTION 16 OF THE COURTS OF JUSTICE ACT 1947BETWEENTHE PEOPLE . (AT THE SUIT OF THE DIRECTOR OF PUBLIC ...

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

    ...At the time of that decision, A. had no appeal extant. The applicant here, equally, has no appeal extant and will not have such an appeal unless he is successful in this application. In A., Murray C.J. stated “the general principle” at p.143 of his judgment:. “In a criminal prosecution where the State relies in good faith on a statute in force at the time and the accused does not seek to ...