M.G. -v- DPP [2007] IESC 4 (30 January 2007)

M.G. -v- DPP [2007] IESC 4 (30 January 2007)

The persistent and repeated threats and demands for money by the complainant, combined with the use of the criminal process as an instrument of blackmail, constitute wholly exceptional circumstances. It would be wrong and unjust to permit the prosecution to proceed, as this would allow the criminal courts to be used for improper purposes. The appeal is allowed and prosecution restrained.

Citation
[2007] IESC 4
Parties
Plaintiff/appellant: M G; Respondent/defendant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
30 January 2007
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Injunction to Restrain Prosecution
Outcome
Appeal allowed; High Court order set aside; prosecution restrained
Legal Topics
Delay in Prosecution, Sexual Offences, Abuse of Process, Prohibition of Prosecution, Blackmail and Threats by Complainant
Criminal Law Constitutional Law Delay in Prosecution Sexual Offences Abuse of Process Prohibition of Prosecution Blackmail and Threats by Complainant

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Parties

M G

Plaintiff/appellant

The Director of Public Prosecutions

Respondent/defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Refusal of Injunction to Restrain Prosecution

Legal Issues

  1. 1 Whether exceptional circumstances justify restraining a delayed prosecution for sexual offences
  2. 2 Whether persistent threats and demands for money by the complainant constitute an abuse of process justifying prohibition of prosecution
  3. 3 Whether delay alone or prosecutorial delay justify prohibition of prosecution

Ratio Decidendi

The persistent and repeated threats and demands for money by the complainant, combined with the use of the criminal process as an instrument of blackmail, constitute wholly exceptional circumstances. It would be wrong and unjust to permit the prosecution to proceed, as this would allow the criminal courts to be used for improper purposes. The appeal is allowed and prosecution restrained.

Court Disposition

Appeal allowed; High Court order set aside; prosecution restrained

Orders

  • Order restraining further prosecution of the appellant in respect of all charges