People (D.P.P) v O'Shea (No. 2)

JurisdictionIreland
Judgment Date01 January 1983
Date01 January 1983
CourtSupreme Court
(S.C.)
The People (D.P.P)
and
O'Shea (No. 2)

Direction of trial judge - Appeal to Supreme Court - Appeal dismissed - Reasons.

In the Central Criminal Court the respondent was charged with certain offences. On the direction of the trial judge, the jury found him not guilty on all counts prepared against him. The appellants appealed to the Supreme Court against his acquittal. The circumstances relating to the respondent's indictment were as follows. In August, 1979, three men were arrested by Gardaí and charged with offences contrary to the Misuse of Drugs Act, 1977. The respondent was not one of them Some days later the respondent instructed his solicitor that he wished to make a statement to certain named members of the Garda Síochána. He then volunteered a lengthy statement to the Gardaí in which he alleged that he had been innocently involved in an incident with drugs which had occurred some days before. The statement was the only evidence connecting him with the incident. At the trial a Garda witness stated that he was satisfied that the...

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8 cases
  • DPP v Buckley
    • Ireland
    • High Court
    • 8 May 2007
    ...PROCEEDINGS & THE STATE 2ED 2004 DPP (COMISKEY & GOVERN) v TRAYNOR UNREP MURPHY 27.7.2005 2005/22/4603 2005 IEHC 295 DPP, PEOPLE v O'SHEA 1983 ILRM 592 R v GALBRAITH 1981 1 WLR 1039 MISUSE OF DRUGS ACT 1984 CHARLETON CONTROLLED DRUGS & THE CRIMINAL LAW 1ED 1986 >BIRD v ADAMS 1972 CLR 174 R......
  • DPP v Foley
    • Ireland
    • Court of Criminal Appeal
    • 18 July 1994
    ...1976 1 AER 844 SWEET V PARSLEY 1970 AC 132 GANNON (HONG KONG) LTD V AG FOR HONG KONG 1985 AC 1 R V WARNER 1969 2 AC 256 DPP V O'SHEA 1983 ILRM 592 WRIGHT, POSSESSION IN THE COMMON LAW (1888) 119 OFFENCES AGAINST THE STATE ACT 1939 S44 OFFENCES AGAINST THE STATE ACT 1939 S44(2) COURTS OF......
  • DPP v Foley
    • Ireland
    • Court of Criminal Appeal
    • 18 July 1994
    ...equally, this case is not like those cases where the defence is one of lack of knowledge of the illicit substance [of. D.P.P. v. O'Shea [1983] ILRM 592] and it must also be distinguished from the facts in Whelan's case. As Lowry L.C.J. said, delivering the judgment of the Court in the latt......
  • DPP v O'Loughlin
    • Ireland
    • Court of Appeal (Ireland)
    • 23 March 2021
    ...Prosecutions against an acquittal by direction by the trial judge, Finlay P. (as he then was) in The People (DPP) v. O'Shea (No 2) [1983] ILRM 592 at p.594 said:- “One of the functions of a Trial Judge in a criminal trial is to reach a decision at the conclusion of the evidence tendered on ......
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