DPP v O'Brien

JurisdictionIreland
Judgment Date01 January 1969
Date01 January 1969
CourtSupreme Court
(C.C.A.)
The People (Attorney General)
and
O'Brien

Identification of accused - Witness acquainted with the accused prior to date of alleged crime - Judge's charge -Necessity for warning the jury - Caution to be exercised in accepting visual identification -Failure to give such warning - Conviction -Appeal - New trial.

The accused was tried by a judge and jury on certain charges of burglary and larceny in and from a dwelling belonging to one Mary Grimes on 31st August, 1968. In the course of the trial...

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177 cases
  • Curtin v Dáil Éireann
    • Ireland
    • Supreme Court
    • 9 March 2006
    ...(COMPELLABILITY, PRIVILEGES AND IMMUNITIES OF WITNESSES) ACT 1997 S6 CONSTITUTION ART 40.5 CONSTITUTION ART 40.3 AG, PEOPLE v O'BRIEN 1965 IR 142 TRIMBOLE v GOVERNOR OF MOUNTJOY PRISON 1985 ILRM 465 1985 IR 550 OFFENCES AGAINST THE STATE ACT 1939 S30 BULA LTD v TARA MINES LTD 1994 1 ILR......
  • Re National Irish Bank Ltd
    • Ireland
    • Supreme Court
    • 21 January 1999
    ...(NO 3) 1993 2 IR 305 COMPANIES ACT 1990 S23 EAST DONEGAL CO-OP LTD V AG 1970 IR 317 ROCK V IRELAND 1998 2 ILRM 37 AG, PEOPLE V O'BRIEN 1965 IR 142 Synopsis Company Law Inspectors; investigation under the Companies Act, 1990; right to silence; self- incrimination; natural persons; trial in......
  • Director of Public Prosecutions v Kelly & McGrath
    • Ireland
    • Court of Appeal (Ireland)
    • 31 March 2022
    ...exercise of discretion”. (xiii) “ The correct approach is that expressed by Kingsmill Moore J. in People (Attorney General) v O'Brien [1965] I.R. 142, namely; the Court must take into account a broad range of circumstances before determining whether, on balance, the evidence should be admi......
  • State (Trimbole) v The Governor of Mountjoy Prison
    • Ireland
    • Supreme Court
    • 26 March 1985
    ...planned results of that invasion. Principles in The State (Quinn)v. RyanIR [1965] I.R. 70; The People (Attorney General) v. O'BrienIR [1965] I.R. 142 and The People v. LynchIR [1982] I.R. 64 affirmed. 2. The well recognised jurisdiction of the courts at common law to prevent an abuse of the......
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10 books & journal articles
  • Public policy and private illegality in the pursuit of evidence
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 21-1-2, January 2017
    • 1 January 2017
    ...Ibid. at 75.191. Ibid. at 77–78.192. Bunning vCross (1977–1978) 141 CLR 54 at 74–75. See also People (Attorney-General) vO’Brien [1965] IR 142 at 160;King vThe Queen [1969] 1 AC 304 at 315; Ridgeway vThe Queen (1994–1995) 184 CLR 19 at 54 (Brennan J), 73 (GaudronJ), 81 (McHugh J). See, furt......
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 12-4, November 2008
    • 1 November 2008
    ...284, 286People vShaw [1982] IR1 . . . . . . . . . . . . . 212, 231People (AG)v Cummins [1972]IR 312 . . . . . . . 231People (AG)v O’Brien [1965]IR 142 . . . . . 228–229People (AG)v Taylor [1974]IR 97 . . . . . . . . . . . 226People (DPP)v Conroy [1986]IR 460. . . . . . . . . 221People (DPP)......
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 15-4, October 2011
    • 1 October 2011
    ...Collins 438 P 2d 33, 68 Cal 2d 319 (1968). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119People (A-G)v O’Brien [1965]IR 142. . . . . . . 63, 64People (AG) v O’Callaghan [1966] IR 501. 182,188People (DPP)v Balfe [1998]4 IR 50 . . . . . . . . . . . 63People (DPP)v ......
  • Reconfiguring the Pre-Trial and Trial Processes in Ireland in the Fight against Organised Crime
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 12-3, July 2008
    • 1 July 2008
    ...JOURNAL OF EVIDENCE & PROOF 229RECONFIGURING PRE-TRIALS AND TRIALS AGAINST ORGANISED CRIME IN IRELAND126 People (AG) vO’Brien [1965] IR 142 at 170. Walsh J stated that the imminent destruction of vitalevidence or the need to rescue a victim in peril constitutes extraordinary excusingcircums......
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