DPP v Breen

• Jurisdiction: Ireland
• Judge: Egan J.
• Judgment Date: 13 March 1995
• Neutral Citation: 1995 WJSC-CCA 2054
• Docket Number: (85/93)
• Court: Court of Criminal Appeal
• Date: 13 March 1995

DPP v. BREEN

THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLICPROSECUTIONS

v.

SEAN BREEN

APPLICANT

1995 WJSC-CCA 2054

Egan J.

Barron J.

Geoghegan J.

(85/93)

THE COURT OF CRIMINAL APPEAL

Synopsis:

EVIDENCE

Admissibility

Court - Discretion - Exercise - Garda - Suspect - Acquaintances - Conversation - Suspect distressed emotionally - Suspect on threshold of admitting involvement in criminal activity - Failure of garda to give suspect standard caution - Suspect's incriminatory remarks admitted in evidence at his trial on indictment - Court's discretion to exclude evidence on ground of basic fairness - Conviction set aside - (85/93 - Court of Criminal Appeal - 13/3/95)

|The People v. Breen|

Citations:

FIREARMS ACT 1964 S27(a)(1)

CRIMINAL LAW (JURISDICTION) ACT 1976 S8

CRIMINAL JUSTICE ACT 1984 S14(4)

FIREARMS ACT 1925 S15(g)

CRIMINAL LAW (JURISDICTION) ACT 1976 S21(4)

CRIMINAL JUSTICE ACT 1984 S14

FIREARMS ACT 1925 S2

FIREARMS ACT 1964 S15

FIREARMS ACT 1971 S3

JUDGES RULES RULE 2

DPP V SHAW 1982 IR 1

DPP V BREATHNACH UNREP CCA 16.2.81

AG, PEOPLE V O'BRIEN 1965 IR 142

1 JUDGEMENT of the Court delivered by Egan J.the 13th day of March 1995.

2 The Applicant was found guilty by the Special Criminal Court on the 30th July 1993 on three counts:-

3 1. Possession or control of ammunition in suspicious circumstances contrary to Section 27 (a) (1) of the Firearms Act 1964as inserted by Section 8 of the Criminal Law (Jurisdiction) Act 1976as amended by Section 14 (4) of the Criminal Justice Act 1984.

4 2. Possession or control of ammunition with intent to enable another person by means thereof to endanger life contrary to Section 15 (G) of the Firearms Act 1925as amended by Section 21 (4) of the Criminal Law (Jurisdiction) Act 1976and Section 14 of the Criminal Justice Act, 1984.

5 3. Possession of ammunition without a Firearms Certificate contrary to Section 2 of the Firearms Act 1925as amended by Section 15 of the Firearms Act 1964and Section 3 of the Firearms Act 1971.

6 He was sentenced to eight years imprisonment on Count 2, twelve months imprisonment on Count 3 and no order was made on Count 1.

7 His Appeal was in respect of certain oral evidence given by Detective Garda Heverin which the Court admitted in evidence despite objection by Counsel for the Applicant as to its admissibility.

8 On the 13th February 1992 members of the Gardai Siochana were searching the Applicant's farm near Srosna, Co. Kerry in pursuance of a Warrant authorising them to search his property. It was suspected that guns, ammunition or explosives were likely to be hidden there connected with a subversive organisation and he was suspected of complicity. While the search was in progress Detective Garda Heverin called to the farm to survey part of the property in connection with the suspicion of the Guards as to the user of the farm for the storage of ammunition etc. He was not involved in the actual search.

9 After Garda Heverin carried out his survey, he called to the farmhouse and was invited in by the applicant who had known him previously as also had members of his family. Garda Heverin stated that prior to his conversation with the Applicant he was aware that a search of the property was in progress but that he had not made any contact with the officers engaged in the search. Neither he nor the Applicant had any knowledge as to what, if anything, had been found up to the time he called at the farmhouse.

10 The Applicant and Garda Heverin spoke for a while about farming matters, the weather, his family but the conversation then took a turn and the Applicant said that the Guards were searching again. He became agitated and said that he had wanted several times to tell somebody about it but he was afraid. Garda Heverin asked him to tell him what was troubling him. The Applicant had a breadknife in his hand and he started banging the table with his fist. He said "I can't talk. Don't ask me. I'll end up like those in the North" and he was crying. Garda Heverin stated that he was troubled and wanted to tell somebody about it, that it appeared to him to be connected with the searching of the lands and farm buildings. He did not, however, administer a caution.

11 Objection was taken to the admissibility of the conversation outlined above and any conversation following. The objection was taken firstly on an argument that there had been a breach of the Judges" Rules and, in particular, Rule 2 which provides that "whenever a police officer has made up his mind to charge a person with a crime, he should first caution such person before asking him any questions, or any...