People v Coffey

Judgment Date01 January 1987
Date01 January 1987
CourtCourt of Criminal Appeal
The People

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...

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3 cases
  • Tareeq Omar v Governor of Cloverhill Prison
    • Ireland
    • High Court
    • 17 December 2013
    ...of Public Prosecutions) v Cunningham [2012] IECCA 64, (Unrep, CCA, 11/5/2012); The People (Director of Public Prosecutions) v Coffey [1987] ILRM 727; Dunne v Clinton [1930] IR 366; Austin v United Kingdom [2012] Crim LR 544; The People (Director of Public Prosecutions) v O'Loughlin [1979]......
  • DPP v Ilori
    • Ireland
    • Court of Criminal Appeal
    • 31 October 2008
    ...& EXCISE (MISCELLANEOUS PROVISIONS) ACT 1988 S19 ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S2 DUNNE v CLINTON 1930 IR 366 DPP v COFFEY 1987 ILRM 727 DPP, PEOPLE v CONROY 1986 IR 460 FINANCE ACT 1971 S29(2) CRIMINAL LAW Detention Search - Applicant searched by customs officer - Applicant ......
  • DPP v Cunningham
    • Ireland
    • Court of Criminal Appeal
    • 24 May 2007
    ...v M (J E) (AKA M(S)) 2001 4 IR 385 2000/8/3053 PEOPLE (DPP) v WALSH 1980 IR 294 PEOPLE (AG & ANOR) v MCGRATH 1960 9 ILTR 59 DPP v COFFEY 1987 ILRM 727 DPP, PEOPLE v LYNCH 1982 IR 64 R v HAYDEN & SLATTERY 1959 VR 102 DPP v CONNOLLY 2003 2 IR 1 2003/14/3140 DPP v MURPHY 2005 4 IR 504 2005/21/......

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