Clarke v Kirby
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1998 |
| Date | 01 January 1998 |
| Court | High Court |
(H.C.)
Clarke
and
Kirby
- Right of accused to legal representation - Applicant charged and brought before District Court - Applicant asked whether pleading guilty or not guilty - Community service order made - Applicant not informed of right to apply for legal aid or legal representation - Whether there was a real possibility of being imprisoned -Criminal Justice (Community Service) Act, 1983. (No. 23), s. 2.
S. 2 of the Criminal Justice (Community Service) Act, 1983, provides, inter alia, that a community service order may be made in respect of a person who is of or over sixteen years of age and is convicted of an offence for which, in the opinion of the court, the appropriate sentence would, but for the Act, be one of imprisonment. On 3 March, 1997, the applicant was arrested and brought to Blackrock Garda Station. He was charged with...
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4 cases
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Leonard v District Judge Garavan
...1 All E.R. 208. Byrne v. McDonnell [1997] 1 I.R. 392; [1996] 1 I.L.R.M. 543. Cahill v. Reilly [1994] 3 I.R. 547. Clarke v. Kirby [1998] 2 I.L.R.M. 30. D. v. Director of Public Prosecutions [1994] 2 I.R. 465; [1994] 1 I.L.R.M. 435. Farrell v. Attorney General [1998] 1 I.R. 203; [1998] 1 I.L.......
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Minister for Justice and Equality v Marjasz
...v Donoghue [1976] IR 325; Cahill v Reilly [1994] 3 IR 547; McSorley v Governor of Mountjoy Prison [1996] 2 ILRM 331; Clarke v Kirby [1998] 2 ILRM 30; Leonard v Garavan [2003] 4 IR 60; Nottinghamshire County Council v B [2011] IESC 48 (Unrep, SC, 15/12/2011); Attorney General v Dyer [2......
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Gareth Whelan v District Court Judge Thomas Fitzpatrick and DPP
...ACT 1994 S13(3) CRIMINAL JUSTICE (LEGAL AID) ACT 1962 S2(1)(a) CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 1997 S5(6) CLARKE v KIRBY 1998 2 ILRM 30 HEALY, STATE v DONOGHUE 1976 IR 325 CRIMINAL JUSTICE (LEGAL AID) ACT 1962 S2(2) SHARPE LTD v DUBLIN CITY & COUNTY MANAGER 1989 IR 701 CI......
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Mark Gilmartin v Judge Murphy and DPP
...2 IR 169 SHEEHAN V RILEY 1993 2 IR 81 HEALY V DONOGHUE 1976 IR 325 MCSORLEY V GOV OF MOUNTJOY PRISON 1996 2 IRLM 331 CLARKE V KIRBY 1998 2 ILRM 30 1 Mr Justice Kearnsdelivered this 23rd day of February, 2On the 6th day of July, 2000 the Applicant appeared before the first named Respondent......