Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Trial in Due Course
Constitutional Law
| Case Name | Description |
|---|---|
| King v AG | Offence to loiter with intent to commit s felony was too vague as it failed to distinguish between apparent and real criminal behaviour |
| DPP v Gormley | Key question was whether a suspect is entitled to have spoken to a solicitor before police questioning and how often may an interview be interrupted to allow consultation with a lawyer |
| DPP v Barry Doyle | Rejected claim that confession was inadmissible because there had not been a lawyer present |
| Dunne v DPP | Gardaí failed to secure video surveillance tapes which had since been wiped – contrary to normal practice and without explanation |
| Bowes v DPP | Sought technical examination of car 20 months later which had been scrapped - did not deny potentially valid evidence to defend himself against drugs charge |
| McGrath | Release of motorcycle before charging with dangerous driving causing death deprived her of reasonable possibility to rebut case |
| Eviston v DPP | Breach of fair procedures to change mind about prosecution in respect of road traffic procedures without any new evidence |
| CC v Ireland | Law regarding statutory rape was unconstitutional as it did not allow a defence of honest mistake |
| DPP v McMahon | Trespassing of Gardaí did not make evidence inadmissible as there was no constitutional right violated |
| O'Brien | Evidence obtained as a result of a deliberate and conscious violation of the accused person’s constitutional rights by agents of the State must be excluded except in extraordinary extenuating circumstances |
| People v Shaw | Constitutional rights had been violated, however this was allowable as exceptional circumstances as someone else's right to life was at stake Constitution itself may provide basis for arrest and detention |
| Trimbole | Violation of rights to arrest under false pretences |
| People v Kenny | Even though Gardaí did not know the warrant was invalid, their act was still deliberate and conscious so evidence was excluded |
| DPP v C(J) | Overruled Kenny - breach is deliberate and conscious only if there is knowledge of its unconstitutionality and a choice to proceed regardless |
Created by:
maevb
Popular Law sets