Dwyer v The Commissioner of an Garda Síochána

JurisdictionIreland
JudgeMr. Justice Clarke
Judgment Date24 February 2020
Neutral Citation[2020] IESC 4
CourtSupreme Court
Docket Number[Record No: 2019/18]
Date24 February 2020
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5 cases
  • The Director of Public Prosecutions v Graham Dwyer
    • Ireland
    • Supreme Court
    • 31 July 2024
    ...Court (Charleton J dissenting) decided that it was necessary to refer the following questions to the CJEU pursuant to Article 267 TFEU ( [2020] IESC 4, [2020] 1 ILRM 389): “‘(1) Is a general/universal data retention regime – even subject to stringent restrictions on retention and access – p......
  • Director of Public Prosecutions v Smyth
    • Ireland
    • Supreme Court
    • 17 June 2024
    ...was appealed by the State to this Court which in February 2020 decided to make a reference to the CJEU pursuant to Article 267 TFEU: see [2020] IESC 4, [2020] 1 ILRM 12 . Delivering the majority judgment of this Court, Clarke C.J. expressed the view that, with regard to the system of access......
  • The Director of Public Prosecutions v C.P
    • Ireland
    • Supreme Court
    • 20 June 2024
    ...of the date of the judgment in Lingurar, given its decision in the reference from this Court in Dwyer v Commissioner of An Garda Síochána [2020] IESC 4, the Court of Appeal did not consider that there was a strong case for believing that an appellate court would exclude such evidence in the......
  • DPP v Smyth & McAreavey
    • Ireland
    • Court of Appeal (Ireland)
    • 28 July 2022
    ...orders to the effect that s. 6 of the 2011 Act was incompatible with EU law. The matter was appealed by the State to the Supreme Court ( [2020] IESC 4) which decided to make a reference to the CJEU. In the Supreme Court, Clarke CJ. expressed the view that, with regard to the system of acces......
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1 books & journal articles
  • Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 85-2, April 2021
    • 1 April 2021
    ...Dwyer v Garda Commissioner [2018] IEHC 685 (O’Connor J).29. Dwyer v Garda Commissioner [2019] IESCDET 108.30. Dwyer v Garda Commissioner [2020] IESC 4.31. DPP v JC [2015] IESC 31; [2017] 1 IR 417. See YM Daly, ‘Overruling the Protectionist Exclusionary Rule: DPP v JC’ 19(4) E&P 270; C Leon ......

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