DPP v Rooney

• Jurisdiction: Ireland
• Judge: O'Hanlon J.,
• Judgment Date: 01 January 1993
• Neutral Citation: 1992 WJSC-HC 1931
• Docket Number: NO 431 s s/1992,[1992 No. 431 SS]
• Court: High Court
• Date: 01 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 -

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