People v Coffey

• Jurisdiction: Ireland
• Judgment Date: 01 January 1987
• Date: 01 January 1987
• Court: Court of Criminal Appeal

(C.C.A.)

The People

and

Coffey

Whether lawful - Whether detained person free to leave - Whether under arrest - Whether detained for purpose of questioning - Whether detained person entitled to leave - Onus of proof.

The defendant had driven in his own car to a garda station when requested or invited to do so by members of the Garda Síochána, and at the station had given information as to his movements around the time of a murder which the Gardaí were investigating. The Gardaí who had obtained the information from the defendant left the station to verify his account, and from then until their return he was further questioned by other Gardaí. On the return of the first set of Gardaí, who intimated to the defendant that they did not believe his account, he was further questioned, and he was asked for his car keys, which he gave them and which were not returned. The defendant subsequently made an incriminating statement in relation to the murder and was charged with that offence. At his trial, counsel objected to the admissibility of the statement on the ground the defendant was not lawfully detained at the time since he was not free to leave the station nor was he told he was free to leave. Held by Hamilton J. in ruling the detention unlawful and the evidence inadmissible, while the defendant, on the evidence, went voluntarily to the garda station in the first instance, when the Gardaí had...