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Trial in Due Course

Constitutional Law

Case NameDescription
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