Constitutional Law
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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
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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
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DPP v Barry Doyle | Rejected claim that confession was inadmissible because there had not been a lawyer present
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Dunne v DPP | Gardaí failed to secure video surveillance tapes which had since been wiped – contrary to normal practice and without explanation
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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
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McGrath | Release of motorcycle before charging with dangerous driving causing death deprived her of reasonable possibility to rebut case
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Eviston v DPP | Breach of fair procedures to change mind about prosecution in respect of road traffic procedures without any new evidence
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CC v Ireland | Law regarding statutory rape was unconstitutional as it did not allow a defence of honest mistake
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DPP v McMahon | Trespassing of Gardaí did not make evidence inadmissible as there was no constitutional right violated
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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
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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
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Trimbole | Violation of rights to arrest under false pretences
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People v Kenny | Even though Gardaí did not know the warrant was invalid, their act was still deliberate and conscious so evidence was excluded
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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
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