DPP v Rooney

JurisdictionIreland
JudgeO'Hanlon J.,
Judgment Date01 January 1993
Neutral Citation1992 WJSC-HC 1931
Docket NumberNO 431 s s/1992,[1992 No. 431 SS]
CourtHigh Court
Date01 January 1993

1992 WJSC-HC 1931

THE HIGH COURT

NO 431 s s/1992
DPP v. ROONEY
IN THE MATTER OF SECTION 52 OF THE COURTS (SUPPLEMENTAL
PROVISIONS) ACT, 1961

BETWEEN

DIRECTOR OF PUBLIC PROSECUTIONS
PROSECUTOR

AND

ALAN ROONEY
DEFENDANT

Citations:

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961 S52

FORGERY ACT 1913 S8

CHRISTIE V LEACHINSKY 1946 1 KB 124

DUBLIN POLICE ACT 1842 S29

AG, PEOPLE V WHITE 1947 IR 247

Synopsis:

CONSTITUTION

Personal rights

Liberty - Restraint - Statute - Powers - Exercise - Suspect stopped and searched by garda - Preliminaries - Disclosure of authority for search - Rights of suspect - (1992/431 SS - O'Hanlon J. - 25/5/92) - [1992] 2 I.R. 7 - [1993] ILRM 61

|Director of Public Prosecutions v. Rooney|

CRIMINAL LAW

Search

Suspect - Garda - Authority - Disclosure - Duty - Rights of suspect - (1992/431 SS - O'Hanlon J. - 25/5/92) - [1992] 2 I.R. 7

|Director of Public Prosecutions v. Rooney|

GARDA SIOCHANA

Powers

Stop - Search - Suspect - Preliminaries - Reason for search - Disclosure by garda - Rights of suspect - Dublin Police Act, 1842, s. 29 - (1992/431 SS - O'Hanlon J. - 25/5/92) [1992] 2 I.R. 7

|Director of Public Prosecutions v. Rooney|

1

Judgment delivered by O'Hanlon J., the 25th day of May, 1992.

2

This is a Consultative Case Stated by District Judge Hamill a Judge of the District Court assigned to the Dublin Metropolitan District, pursuant to the provisions of Section 52 of the Courts (Supplemental Provisions) Act, 1961.

3

It relates to a charge brought against the Defendant, Alan Rooney, that he had in his possession on the 18th May, 1991, at Talbot Street in the Dublin Metropolitan District, two forged £20 notes, contrary to Section 8 of the Forgery Act, 1913.

4

Evidence was given on the hearing of the said charge, which was being tried summarily in the District Court, that Sergeant G. Maguire approached the Defendant in Talbot Street in the City of Dublin on the 18th May, 1991, and asked him what money he had in his hand. The Defendant opened his hand and showed a £10 and a £5 note. Sergeant Maguire then asked had he any other money and the Defendant replied in the negative.

5

The Sergeant then put his hand in the Defendant's pocket and found a £20 note which he, the Sergeant, believed was a forgery. He said that the Defendant lifted his hands out of the way to allow him reach towards his pocket.

6

A legal objection was taken on behalf of the Defendant to the admission of this evidence, in reliance on the decision of the House of Lords in Christie v. Leachinsky, (1946) 1 K.B. 124, and the Prosecutor, in turn, relied on the powers given to the police under the provisions of the Dublin Police Act, 1842, Sec. 29.

7

The learned District Judge now submits a Consultative Case Stated seeking the opinion of the High Court as to whether a member of the Garda Siochana proposing to exercise his power of search under Section 29 of the said Dublin Police Act, 1842, must -

...

To continue reading

Request your trial
11 cases
  • DPP v O'Donnell
    • Ireland
    • Court of Criminal Appeal
    • 28 February 1995
    ...(Director of Public Prosecutions) v. Quilligan and O'ReillyIR [1986] I.R. 495; The People (Director of Public Prosecutions) v. RooneyIR [1992] 2 I.R. 7 and The State (Trimbole) v. The Governor of Mountjoy PrisonIR [1985] I.R. 550 approved. Per curiam: That it is only necessary to invoke leg......
  • DPP v McFadden
    • Ireland
    • Circuit Court
    • 3 March 2003
    ...he may be arrested without knowing why he is arrested?" 26 That dictum has been frequently applied in our courts and in DPP -v- Rooney [1992] 2IR 7, O'Hanlon J had this to say of its application to the power to conduct a search: "Although less drastic in its effect than a power of arrest, s......
  • Farrelly v Devally
    • Ireland
    • High Court
    • 1 January 1998
    ... ... Judge Devally & DPP| Citations: MISUSE OF DRUGS ACTS 1977–1994 S21(4) PREVENTION OF CRIMES ACT 1871 S12 MISUSE OF DRUGS ACT 1977 S23 MISUSE OF DRUGS ACT 1984 S12 MISUSE OF DRUGS ACT 1984 S12(1)(a) MISUSE OF DRUGS ACT 1984 S12(1)(b) DPP V ROONEY 1992 IR 7 DPP, PEOPLE V BOYLAN 1991 1 IR 477 HOLLAND, STATE V KENNEDY 1977 IR 193 ANISMINIC LTD V FOREIGN COMPENSATION COMMISSION 1969 2 AC 147 CORK CC, STATE V FAWSITT UNREP MCMAHON 13.3.81 1981/1/143 LENNON V CLIFFORD & DPP 1993 ILRM 77 CHIEF CONSTABLE OF NORTH ... ...
  • DPP v Wilson
    • Ireland
    • Court of Criminal Appeal
    • 27 November 2014
    ...13 In support of this ground of appeal, the appellant relies upon the case of The Director of Public Prosecutions v. Alan Rooney [1992] 2 I.R. 7 (? Rooney?) and the Court of Criminal Appeal's (?CCA?) decision in The People (Attorney General) v. White [1947] I.R. 247 (? White?) as authoritie......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT