Dwyer v The Commissioner of an Garda Síochána
| Jurisdiction | Ireland |
| Judge | Mr. Justice Clarke |
| Judgment Date | 24 February 2020 |
| Neutral Citation | [2020] IESC 4 |
| Court | Supreme Court |
| Docket Number | [Record No: 2019/18] |
| Date | 24 February 2020 |
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5 cases
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The Director of Public Prosecutions v Graham Dwyer
...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......
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Director of Public Prosecutions v Smyth
...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......
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The Director of Public Prosecutions v C.P
...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......
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DPP v Smyth & McAreavey
...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
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Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit
...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 ......