DPP v Dunne

• Jurisdiction: Ireland
• Court: High Court
• Judge: Carney J.
• Judgment Date: 14 October 1994
• Neutral Citation: 1994 WJSC-HC 2621
• Docket Number: [1994 No. 398 SS],398 SS/1994
• Date: 14 October 1994

DPP v. DUNNE

IN THE MATTER OF SECTION 2 OF THE COURTS (SUPPLEMENTAL

PROVISIONS) ACT, 1961

BETWEEN

THE DIRECTOR OF PUBLIC PROSECUTIONS

COMPLAINANT

AND

HENRY DUNNE

DEFENDANT

CONSULTATIVE CASE STATED

1994 WJSC-HC 2621

398 SS/1994

THE HIGH COURT

Synopsis:

CONSTITUTION

Personal rights

Citizen - Dwelling - Inviolability - Garda - Entry - Authorisation - Search warrant - Validity - Contents - Alteration - Effect - Deletions - Inadvertence - (1994/398 SS - Carney J. - 14/10/94)

|Director of Public Prosecutions v. Dunne|

CRIMINAL LAW

Warrant

Issue - Validity - Drugs - Search - Garda - Authority - Standard form of warrant - Words deleted inadvertently - Citizen - Dwelling - Inviolability - Misuse of Drugs Act, 1977, s. 26 - Misuse of Drugs Act, 1984, s. 13 - Constitution of Ireland, 1937, Article 40 - (1994/398 SS - Carney J. - 14/10/94)

|Director of Public Prosecutions v. Dunne|

ORDER

Form

Contents - Alteration - Effect - Deletions - Inadvertence - Dwelling - Entry by garda - Search warrant - Whether valid authorisation - (1994/398 SS - Carney J. - 14/10/94)

|Director of Public Prosecutions v. Dunne|

Citations:

MISUSE OF DRUGS ACT 1977 S26

MISUSE OF DRUGS ACTS 1977 – 1984

MISUSE OF DRUGS ACT 1977 S26(1)

MISUSE OF DRUGS ACT 1977 S21(4)

MISUSE OF DRUGS ACT 1984 S6

MISUSE OF DRUGS ACT 1977 S26(2)

CONSTITUTION ART 40.5

1 Judgment delivered the 14th day of October 1994 by Carney J.

2 D. Garda Thomas P. Madden of the Drug Squad, Harcourt Square, Dublin on 29th of April 1992 sought to obtain a Warrant under Section 26 of the Misuse of Drugs Acts, 1977 and 1984 to search the premises 26 Rutland Avenue, Dolphin's Barn, in the City of Dublin.

3 The application for the Warrant was made to Mr. James Farrell, Peace Commissioner. D. Garda Madden was sworn and gave evidence on oath before the Peace Commissioner. The Peace Commissioner questioned D. Garda Madden in relation to his evidence and having done so, signed and issued the Search Warrant, a copy of which is annexed to the Case Stated. This he did under the provisions of Section 26(1) of the Misuse of Drugs Act, 1977 as amended, which is in the following terms:-

"If a Justice of the District Court or a Peace Commissioner is satisfied by information on oath of a member of the Garda Siochana that there is reasonable ground for suspecting that:"

(a) a person is in possession in contravention of this Act on any premises or other land of a controlled drug, a forged prescription or a duly issued prescription which has been wrongfully altered and that such drug or prescription is on a particular premises or other land, or ........ such Justice or Commissioner may issue a Search Warrant mentioned in subsection (2) of this section."

4 In reliance on the said Warrant D. Garda Madden and other police officers sought to carry out a search of the premises No. 26 Rutland Avenue, Dolphin's Barn in the City of Dublin, which is the dwellinghouse of the Defendant herein, Mr. Henry Dunne. The inviolability of Mr. Dunne's said dwellinghouse is protected by Article 40.5 of the Constitution which is in the following terms:-

"The dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law."

5 Mr. Dunne did not...