DPP v Cowman

• Jurisdiction: Ireland
• Judge: O'Hanlon J.,
• Judgment Date: 01 January 1993
• Neutral Citation: 1992 WJSC-HC 1768
• Docket Number: [1992 No. 364 SS],364 SS/1992
• Court: High Court
• Date: 01 January 1993

DPP v. COWMAN

IN THE MATTER OF SECTION 2 OF THE SUMMARY JURISDICTION ACT,

1857, AS EXTENDED BY SECTION 51 OF THE COURTS (SUPPLEMENTAL

PROVISIONS) ACT, 1961.

BETWEEN

THE DIRECTOR OF PUBLIC PROSECUTIONS

COMPLAINANT

AND

TURLOUGH COWMAN

DEFENDANT

1992 WJSC-HC 1768

364 SS/1992

THE HIGH COURT

Synopsis:

CRIMINAL LAW

Arrest

Validity - Garda Siochana - Powers - Street - Pedestrian - Observations of garda - Pedestrian approached by garda - No precise suspicion in mind of garda - Conversation - Violence of pedestrian - Pedestrian charged with offences - (1992/364 SS - O'Hanlon J. - 3/6/92) - [1993] 1 I.R. 335

|Director of Public Prosecutions v. Cowman|

GARDA SIOCHANA

Powers

Arrest - Citizen - Garda - Approach - Reason - No precise suspicion in mind of garda - Violence of citizen - (1992/364 SS - O'Hanlon J. - 3/6/92) - [1993] 1 I.R.335

|Director of Public Prosecutions v. Cowman|

Citations:

MISUSE OF DRUGS ACT 1977

MISUSE OF DRUGS ACT 1984

FIREARMS & OFFENSIVE WEAPONS ACT 1990 S9

1 Judgment delivered by O'Hanlon J.,the 3rd June, 1992.

2 This is an appeal by way of Case Stated against the dismissal of certain charges against the Defendant by District Judge John P. Clifford, sitting at Cork on the 17th June, 1991.

3 The learned District Judge held the arrest of the Defendant to be unlawful and it was on this basis that the charges brought against him were dismissed.

4 The Defendant was unrepresented at the hearing. Garda Corcoran gave evidence saying that at about 11.20 p.m. on the 16th June, 1991, he saw the Defendant and two other people at South Mall, Cork, and decided to approach them. As he did so, he said that the Defendant staggered as if drunk; the Garda got a smell of intoxicating liquor from his breath. He asked for the Defendant's name and address but the Defendant refused to give them and the Garda said that the Defenant got very agitated and that he (the Garda) formed the opinion that the Defendant had drugs taken due to his demeanour and unreasonable behaviour.

5 The Garda then informed the Defendant that he was arresting him and detaining him for the purpose of searching him under the Misuse of Drugs Acts, 1977and 1984; the Defendant resisted arrest with some violence and is said to have punched the Garda in the process. On being brought to the Garda Station he was found to be in possession of a dagger-type knife with an 8″blade and a wooden handle.

6 He was charged with a number of different...