DPP v Molloy

• Jurisdiction: Ireland
• Judge: Hederman J.
• Judgment Date: 16 July 1990
• Neutral Citation: 2000 WJSC-CCA 2813
• Court: Court of Criminal Appeal
• Date: 16 July 1990

2000 WJSC-CCA 2813

COURT OF CRIMINAL APPEAL

DPP v. MOLLOY

VISUAL IDENTIFICATION

THE PEOPLE (DIRECTOR OF PUBLIC PROSECUTIONS)

v.

EDWARD MOLLOY

Citations:

DPP, PEOPLE V O'REILLY UNREP SUPREME 26.4.90

DPP, PEOPLE V MCDERMOTT UNREP CCA 28.8.90

Words & Phrases:

C

Subject Headings:

*

Hederman J.

1 The Court of Criminal Appeal in refusing an application for leave to appeal interpreted as obiter dicta that portion of the judgment of the Court of Criminal Appeal inThe People (D.P.P.) v. Patrick O'Reilly (unreported) delivered by O'Flaherty J. on the 26th April 1990 (sitting with Barr and Lavan JJ) which states inter alia that a formal identification parade should always be held where possible to do so. The President of the Court observed that each case must depend on its own particular circumstances all of which should be considered in deciding whether the evidence of identification was obtained by fair procedures.

2 This interpretation of theO'Reilly judgment was approved of by the Court of Criminal Appeal on the 28th August 1990 in The People (D.P.P.) v. John McDermott (Hamilton P. presiding with Hederman and Carroll JJ) when the Court refused an application for leave to appeal and bail pending appeal on the basis of the documents then before it. The circumstances surrounding the visual identification of the applicant and the issue as to whether such evidence was obtained by the use of fair procedures could be properly considered only on a reading of the transcript of evidence.