DPP v Lawless

 
FREE EXCERPT

1985 WJSC-CCA 2010

COURT OF CRIMINAL APPEAL

McCarthy J.

Keane J.

O'Hanlon J.

Record No. 69/84
DPP v. LAWLESS
The People
( DIRECTOR OF PUBLIC PROSECUTIONS )
v.
JOHN LAWLESS

Citations:

AG, PEOPLE V O'BRIEN 1965 IR 142

DPP V HIGGINS UNREP SUPREME 22.11.85 1985/7/1994

DPP V WALSH 1980 IR 294

DUNNE V CLINTON 1930 IR 366 1 FREWEN 563

MISUSE OF DRUGS ACT 1977 S15

MISUSE OF DRUGS ACT 1977 S15(1)

MISUSE OF DRUGS ACT 1977 S15(2)

MISUSE OF DRUGS ACT 1977 S26

MISUSE OF DRUGS ACT 1977 S26(1)(A)

MISUSE OF DRUGS ACT 1977 S3

MISUSE OF DRUGS ACT 1977 S5

O'LOUGHLIN 1979 IR 85

Synopsis:

CRIMINAL LAW

Evidence

Admissibility - Procurement - Unlawful means - Unauthorised possession of controlled drug - Conviction - Drug found in possession of accused at certain premises - Unlawful entry of garda to premises - Accused not a tenant or occupier of the premises - Unlawful entry not an infringement of any of accused's rights - Evidence of unlawful possession not inadmissible - Conviction valid - (69/84 - C.C.A. - 28/11/85) - 3 Frewen 30

|The People v. Lawless|

CRIMINAL LAW

Evidence

Presumption - Drugs - Possession - Purpose of accused - Sale or supply to another - Proof of unauthorised possession of controlled drug - Statutory presumption that such purpose established - Statutory presumption applicable where trial court satisfied that reasonable to assume drug not intended for immediate personal use of accused - Absence of evidence at trial that accused was drug user - Trial judge entitled to apply presumption - Conviction affirmed Drugs Act, 1977, s. 15 - (69/84 - C.C.A. - 28/11/85) - 3 Frewen 30

|The People v. Lawless|

CRIMINAL LAW

Warrant

Validity - Search warrant - Condition precedent - Information on oath of garda - Statutory requirements concerning contents of information - Ommission of a statutory requirement - Warrant defective - Unlawful entry on premises pursuant to warrant - Drugs Act, 1977, s. 26 - (69/84 - C.C.A. - 28/11/85) - 3 Frewen 30

|The People v. Lawless|

EVIDENCE

Procurement

Unlawful means - Controlled drug - Unauthorised possession - Drug found in possession of accused at certain premises - Unlawful entry of garda to premises - Accused not a tenant of occupier of premises - Unlawful entry not an infringement of any of accused's rights - Evidence of unlawful possession admissible - Conviction valid - (69/84 - C.C.A. - 28/11/85) - 3 Frewen 30

|The People v. Lawless|

1

JUDGMENT delivered on 28th day of November 1985 by McCARTHY J.

2

Following a trial before the President of the Circuit Court, on the 25th July 1984 the applicant was convicted by a jury of

3

(a) possession of a controlled drug, contrary to s. 3 of the Misuse of Drugs Act, 1977and

4

(b) possession of a controlled drug for the purpose of unlawfully supplying it to another contrary to s. 15(1) of the Act.

5

The drug in question was Heroin. On the 4th October 1983 Detective Sergeant John G. O'Mailey swore an information before a Peace Commissioner that "I have reasonable ground for suspecting from information which I have in my possession that a controlled drug namely Diamorphine (Heroin) a forged prescription, or a duly issued prescription which has been wrongfully altered will be found at the premises No. 60 Rathland Flats, Dublin 12...

To continue reading

REQUEST YOUR TRIAL