Healy v DPP

• Jurisdiction: Ireland
• Judge: Mr. Justice Brian McGovern
• Judgment Date: 13 March 2007
• Neutral Citation: [2007] IEHC 87
• Docket Number: [No. 781 JR/2006]
• Court: High Court
• Date: 13 March 2007

[2007] IEHC 87

THE HIGH COURT

[No. 781 JR/2006]

Healy v DPP

BETWEEN

FLORENCE HEALY

APPLICANT

AND

THE DIRECTOR OF PUBLIC PROSECUTIONS

RESPONDENT

NON FATAL OFFENCES AGAINST THE PERSON ACT 1997 S2

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 S6

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 S8

CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 S19

CRIMINAL LAW

Delay

Prosecutorial delay - Right to fair trial - Right to trial with due expedition - Right to due process - Delay of almost four years since date of alleged offences - Assault and public order offences - Whether delay excessive and inexcusable - Prohibition granted (2006/781JR - McGovern J - 13/3/2007) [2007] IEHC 87

Healy v DPP

the applicant was charged with various summary offences, including assault contrary to section 2 of the Non-Fatal Offences Against the Person Act 1997. She was granted leave to apply for an order restraining the respondent from taking any further steps in the criminal proceedings by way of judicial review.

Held by Mr Justice McGovern in granting the relief sought that too long a period had elapsed from the events giving rise to the charges to permit their summary disposal without a real and substantial risk of an injustice being done.

Reporter: P.C.

Mr. Justice Brian McGovern

1 This application for judicial review was heard in conjunction with the application ofVincent Dodd High Court [2006] No. 782 JR and arises out of the same circumstances. The applicant was in the company of Vincent Dodd and is charged with the following summary offences:-

2 (1) Assault contrary to s. 2 of the Non Fatal Offence Against the Person Act,1997.

3 (2) Breach of the Peace contrary to s. 6 of The Criminal Justice (Public Order) Act,1994.

4 (3) Failing to comply with the direction given by a member of An Garda Síochána, contrary to s. 8 of the Criminal Justice (Public Order) Act,1994.

5 (4) Resisting or wilfully obstructing a peace officer acting in the execution of his duty, knowing that he was or being reckless as to whether he was a peace officer acting in the execution of his duty, contrary to s. 19 of the Criminal Justice (Public Order) Act,1994.

6 The applicant was given leave to apply for judicial review on the 3rd July, 2006 for the reliefs set forth a paragraph D of the statement of grounds and on the grounds set forth at paragraph E therein.

7 Unlike Vincent...