dpp v murray

389 results for dpp v murray

  • vLex Rating
  • Rattigan -v- DPP, [2008] IESC 34 (2008)

    AND. THE DIRECTOR OF PUBLIC PROSECUTIONS. RESPONDENT/RESPONDENT. JUDGMENT of Murray C.J. delivered the 7th day of May 2008. I agree with the conclusions of Geoghegan J. for the reasons set out in his Judgment and I just wish to add a few brief observations. If the appellant had ...

  • Higgins -v- DPP, [2010] IESC 46 (2010)

    THE SUPREME COURT. Murray, C.J. Hardiman, J. O'Donnell, J. 214/09. Between:. WARREN HIGGINS Applicant/Appellant. -and-. THE DIRECTOR OF PUBLIC PROSECUTIONS Respondent. Judgment delivered by O'Donnell, J. on the 27th day of ...

  • O'Callaghan v DPP, [2011} IESC 30 (2011)

    THE SUPREME COURT. JUDICIAL REVIEW. Murray C.J. 382/2009. Denham J. Hardiman J. Fennelly J. Finnegan J. BETWEEN. DENIS O’CALLAGHAN. Applicant/Appellant. and. THE DIRECTOR OF PUBLIC PROSECUTIONS. Respondent . JUDGMENT of Mr Justice Fennelly ...

  • D.P.P.-v- Romose Sakpoba, [2010] IECCA 83 (2010)

    ...THE COURT OF CRIMINAL APPEALMurray C.J. 226/08. McKechnie J. Dunne J. BETWEEN. ROMOSE SAKPOBAAPPLICANT-v-. THE DIRECTOR OF PUBLIC PROSECUTIONS. RESPONDENTJUDGMENT of the Court delivered by Murray C.J. on the 28th day of July 2010. On the 27th July 2005 the applicant pleaded guilty to the possession of a controlled drug for the purpose of unlawful sale or supply contrary to s. 15A of the ...

  • O'Brien -v- The Director of Public Prosecutions, [2016] IEHC 3 (2016)

    ...At p. 147 of his judgment Hardiman J., (with Murray C.J., Geoghegan and Fennelly JJ. concurring) stated that the court of trial ‘[34]…will be able to assess whether there is indeed a prima facie case at the appropriate stage. More than that it ...

  • DPP -v- Cash, [2010] IESC 1 (2010)

    ...Murray C.J., (with whom Denham and Fennelly JJ agreed) said: "A person may only be lawfully arrested on a criminal charge, where, apart from other criteria, there is a bona fide intention of charging that ...

  • Murray & Anor -v- Fitzgerald & Ors, [2009] IEHC 101 (2009)
  • Murray & Anor -v- Fitzgerald & Ors, [2009] IEHC 101 (2009)
  • Murray & Anor -v- Fitzgerald & Ors, [2009] IEHC 101 (2009)
  • Lynch -v- Minister for Justice Equality and Law Reform & Whelan -v- same, [2010] IESC 34 (2010)

    ...PETER WHELANAPPELLANT-v-. THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, IRELAND AND THE ATTORNEY GENERAL. JUDGMENT of the Court delivered by Murray C.J. on the 14th day of May 2010 . These two cases were heard together as they raise the same issues concerning a challenge to the constitutionality of s. 2 of the Criminal Justice Act 1990 and a ...

  • Oladapo -v- The Governor of Cloverhill Prison, [2009] IESC 42 (2009)

    THE SUPREME COURT. Murray C.J. 52/09. Denham J. Fennelly J. . BetweenCOLLINS B. OLADAPOAPPLICANT/APPELLANT. -v-. THE GOVERNOR OF CLOVERHILL PrisonRESPONDENTAND. MINISTER FOR JUSTICE, EQUALITY AND LAW REFORMNOTICE PARTY. ...

  • Kelly & Anor -v- District Judge Ann Ryan, [2013] IEHC 321 (2013)

    ...It is at this point that the Director enjoys the monopoly as dominus litis. Counsel for the applicants, Mr. Murray S.C., nonetheless submitted that the changes effected by the 1999 Act in relation to the examination of preliminary offence were so far-reaching that they must be taken implicitly to have abolished ...

  • H. S. E. -v- Judge White, [2009] IEHC 242 (2009)

    ...In his judgment Murray J. (as he then was) sets out the High Court judge's reasoning for making the orders in question. He said:. "…there were four factors which the learned High Court Judge stated at p. 84 he should take ...

  • H. S. E. -v- Judge White, [2009] IEHC 242 (2009)

    ...In his judgment Murray J. (as he then was) sets out the High Court judge's reasoning for making the orders in question. He said:. "…there were four factors which the learned High Court Judge stated at p. 84 he should take ...

  • H. S. E. -v- Judge White, [2009] IEHC 242 (2009)

    ...In his judgment Murray J. (as he then was) sets out the High Court judge's reasoning for making the orders in question. He said:. "…there were four factors which the learned High Court Judge stated at p. 84 he should take ...

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

    ...The jurisdiction in this respect is triggered by the fact, if it can be established, that there has been blameworthy prosecutorial delay. At p.185 of the judgment (with which Murray C.J., Denham J., Hardiman J. and Geoghegan J. agreed) I stated:- "I believe that the balancing exercise referred to by Keane C.J. in P.M. v Malone [2002] 2 I.R. 560 is the appropriate mechanism to be ...

  • O'Callaghan v DPP, [2011] IESC 30 (2011)

    THE SUPREME COURT. JUDICIAL REVIEW. Murray C.J. 382/2009. Denham J. Hardiman J. Fennelly J. Finnegan J. Between:. DENIS O’CALLAGHAN. Applicant/Appellant. and. THE DIRECTOR OF PUBLIC PROSECUTIONS. Respondent. JUDGMENT of Mr. Justice Hardiman ...

  • O'B. -v- DPP, [2010] IESC 41 (2010)

    ...I agree with this summary. In the fairly recent case of S.H. v. DPP the test to be applied in these cases is laid out in the judgment of the court, delivered by Murray C.J.:"The test is whether there is a real or serious risk that the applicant, by reason of the delay, would not obtain a fair trial, or that a trial would be unfair as a consequence of the delay. ...

  • D.P.P.-v- Brian Kearney, [2009] IECCA 112 (2009)

    ...The Court is further satisfied that the practice adopted by the prosecution in this case has received express approval from this Court in the judgment delivered by Murray C.J. in The People (Director of Public Prosecutions) v. Joseph O'Reilly (Unreported, CCA, 6th March, 2009). The Court therefore rejects this ground of appeal. 3. DIRECTION APPLICATION / ...

  • DPP v O'Neill, [2011] IESC 7 (2011)

    ...However, the mischief addressed by the legislature relates to persons unfit to drive due to the consumption of alcohol who are in charge of a motor vehicle and have an intention to drive. See Murray J. Director of Public Prosecutions v. Byrne [2002] 2 I.R. 397, at p.408. The act enables a prosecution proceed even if an arrest were made under a different section. Thus, for example, a person ...

  • Joyce v DJ Brady & anor, [2011] IESC 36 (2011)

    THE SUPREME COURT[171/07]. Murray J. O'Donnell J. McKechnie J. Between:. David Joyce AppellantAND. Judge Patrick Brady and . The Director of Public Prosecutions Respondents. Judgment delivered by O’Donnell J. on the 29th day of ...

  • C.D. v Clinical Director of the Central Mental Hospital and Minister for Justice and Equality, [2013] IESC 5 (2013)

    THE SUPREME COURTAppeal No. 426/2012. Denham C.J. Murray J. MacMenamin J. In the matter of an inquiry pursuant to Article 40. of the Constitution of Ireland, 1937. Between/. C.D.Applicant/Appellantand. Clinical Director of the Central Mental ...

  • Mahon -v- Post Publications, [2007] IESC 15 (2007)

    JUDGMENT BY: Fennelly J. THE SUPREME COURT . Record No. 367/05. Murray C.J. Denham J. Hardiman J. Geoghegan J. Fennelly J. BETWEEN/. HIS HONOUR JUDGE ALAN P. MAHON,. HER HONOUR JUDGE MARY FAHERTY. AND HIS HONOUR JUDGE GERALD B. KEYS. (MEMBERS OF THE TRIBUNAL OF INQUIRY. ...

  • Hansfield Developments Ltd & Ors -v- Irish Asphalt Ltd & Ors [Part 1 & Associated Schedules], [2010] IEHC 32 (2010)

    ...In this regard, however, the Court has to bear in mind that proportionality is a relevant consideration with regard to discovery. As Murray J. (as he then was) states in the course of his judgment in Framus Ltd. v. CRH plc [2004] 2 I.R. 20:-"I think it follows that there must be some proportionality between the extent or volume of the ...