Sirbu v DPP

JurisdictionIreland
JudgeMr. Justice Hogan
Judgment Date09 November 2015
Neutral Citation[2015] IECA 238
Judgment citation (vLex)[2015] 11 JIC 0901
CourtCourt of Appeal (Ireland)
Date09 November 2015
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11 cases
  • North East Pylon Pressure Campaign Ltd v an Bord Pleanála
    • Ireland
    • High Court
    • 12 May 2016
    ...(Unreported, Supreme Court, Dunne J., (Denham C.J., Murray, Hardiman and O'Donnell JJ. concurring), 15th January, 2015); Sirbu v. D.P.P. [2015] IECA 238 (Unreported, Court of Appeal, Hogan J. (Irvine and Kelly JJ. concurring), 9th November, 2015). 75 Precisely the same considerations hold ......
  • Bita v DPP
    • Ireland
    • High Court
    • 12 May 2016
    ...2015). The case law establishes a number of principles relevant to whether such exceptional circumstances exist. 24 Sirbu v. D.P.P. [2015] IECA 238 (Unreported, Court of Appeal, Hogan J. (Irvine and Kelly JJ. concurring) 9th November, 2015) emphasised that prohibition will only arise wheth......
  • McD v DPP
    • Ireland
    • High Court
    • 25 April 2016
    ...v. D.P.P. [2015] IESC 23 (6th March, 2015, per Dunne J. (Denham C.J., Murray, Hardiman and O'Donnell JJ. concurring)); Sirbu v. D.P.P. [2015] IECA 238 (9th November, 2015, per Hogan J. (Irvine and Kelly JJ. concurring)). 44 It is clear that all persons in the State are entitled to trial wit......
  • M.S. v DPP
    • Ireland
    • Court of Appeal (Ireland)
    • 22 December 2015
    ...prejudiced by the failure to preserve vital evidence. As I said in a judgment for this Court in Sirbu v. Director of Public Prosecutions [2015] IECA 238: ‘…. the present case is one where any potential prejudice to the accused is best assessed by the trial judge who, of course, is bound to ......
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