DPP v McDermott

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 January 1991
Docket Number[C.C.A. No. 7 of 1990]
Date01 January 1991

Court of Criminal Appeal

[C.C.A. No. 7 of 1990]
The People (Director of Public Prosecutions) v. McDermott
The People (at the suit of The Director of Public Prosecutions)
and
John McDermott

Cases mentioned in this report:—

The People (Attorney General) v. Casey [1963] I.R. 33.

The People (Attorney General) v. Fagan (1974) 1 Frewen 375.

The People (Director of Public Prosecutions) v. Molloy (Court of Criminal Appeal, ex tempore, 16th July, 1990).

The People (Director of Public Prosecutions) v. O'Reilly [1990] 2 I.R. 415.

Criminal law - Evidence - Visual identification - Admissibility of evidence of identification - Accused identified entering labour exchange - Formal identification parade not held - Whether informal identification admissible in evidence - Trial judge's warning to jury on danger of convicting on evidence of visual identification only - Whether adequate.

Criminal Appeal.

The applicant applied for leave to appeal against his conviction in the Dublin Circuit Court on the 25th January, 1990, before His Honour Judge Lynch and a jury on a charge of robbery contrary to s. 23 of the Larceny Act, 1916, as substituted by s. 5 of the Criminal Law (Jurisdiction) Act, 1976, and larceny contrary to s. 2 of the Larceny Act, 1916. Notice of application for leave to appeal was lodged on the 9th February, 1990. Notice of motion and a grounding affidavit were lodged on the 25th July, 1990, for leave to appeal and bail pending appeal. On the 8th October, 1990, the Court refused the application for bail.

The application for leave to appeal was heard by the Court of Criminal Appeal (Finlay C.J., Egan and Johnson JJ.) on the 17th December, 1990.

The applicant was convicted of robbery and sentenced to six years imprisonment. The only evidence connecting him with the crime was the evidence of identification of a witness. This witness, a security man, was attacked and robbed by an armed man as he was attempting to deposit a parcel of money in a night safe of a bank. Before depositing the money, the witness had circled the surrounding area and had seen a man at a bus stop. Five days later, the security man was brought by the gardaí to a labour exchange where, after approximately one hundred people had entered and exited from the exchange, he identified the accused as being the man who had robbed him and the man he had seen at the bus stop. At his trial the accused pleaded not guilty. Upon his conviction the applicant applied to the Court of Criminal Appeal for leave to...

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9 cases
  • DPP v Cooney
    • Ireland
    • Supreme Court
    • 1 January 1998
    ...10 R V HOWICK 1970 CLR 403 R V TRICOGLUS 1977 65 CAR 16 R V HORSHAM JUSTICES EX PARTE BOKHARI 1981 74 CAR 291 DPP, PEOPLE V MCDERMOTT 1991 1 IR 359 DPP, PEOPLE V CASEY (NO 2) 1963 IR 33 ARCHBOLD CRIMINAL PLEADING EVIDENCE & PRACTICE (1997) PARA 14–86 EXTRADITION ACT 1965 1 JUDGMENT of the......
  • DPP v Duff
    • Ireland
    • Court of Criminal Appeal
    • 1 January 1995
    ...J. 86/89 DPP v. DUFF THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLICPROSECUTIONS .v. DARREN DUFF APPLICANT Citations: DPP V MCDERMOTT 1991 1 IR 359 DPP V O'REILLY 1990 2 IR 415 Synopsis: EVIDENCE Identification Culprit - Sufficiency - Witness - Opportunity - Briefness - Visual identifica......
  • DPP v Gilligan
    • Ireland
    • Supreme Court
    • 23 November 2005
    ... 1987 ILRM 225 DPP v NEVIN 2003 3 IR 321 AG, PEOPLE v CASEY (NO 2) 1963 IR 33 DPP v O'REILLY 1990 2 IR 415 DPP, PEOPLE v MCDERMOTT 1991 1 IR 359 DPP v COONEY 1997 3 IR 205 OFFENCES AGAINST THE STATE ACT 1939 PROSECUTION OF OFFENCESA CT 1974 S4 DPP, PEOPLE v T (J) 1988 3 FREWEN 141 154/......
  • DPP v Mekonnen
    • Ireland
    • Court of Criminal Appeal
    • 11 October 2011
    ...at p. 300 said:- "It is clear as has already been decided by this Court in The People (Director of Public Prosecutions) v. McDermott [1991] 1 I.R. 359 and previously in The People (Director of Public Prosecutions) v. O'Reilly [1990] 2 I.R. 415, that a proper, regular and optimum method of ......
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