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 a member of the Garda Siochana gave evidence that he had known the accused by appearance for some years prior to the 31st August, 1968. On the morning of that day at approximately 5.25 a.m. the guard observed a man leaving the dwelling the property of Mary Grimes through a window. The guard deposed that he recognised that man as the accused. Other evidence was adduced at the trial which could have justified the jury in convicting the accused. The accused was convicted by the jury. The accused appealed against the conviction on the ground inter aliathat the trial was unsatisfactory in that the trial judge omitted...

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12 books & journal articles
  • 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 ......
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    • 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......
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    • 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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