D.S. -v- Judges of The Circuit Court & anor [2008] IESC 37 (10 June 2008)

D.S. -v- Judges of The Circuit Court & anor [2008] IESC 37 (10 June 2008)

The principle of double jeopardy does not apply as there was no acquittal or conviction on the relevant counts. There is no statutory or common law rule limiting the number of trials after jury disagreement. However, considering the cumulative effect of multiple trials, the stress and prejudice to the applicant and his family, the absence of new evidence, and the prolonged process, it would be oppressive and unfair to permit a third trial. In the interests of justice and due process, the third trial is prohibited.

Citation
[2008] IESC 37
Parties
Applicant/respondent: D. S.; Respondent/appellant: Judges of the Cork Circuit Court; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
10 June 2008
Procedural Posture
Judicial Review / Appeal / Supreme Court Appeal From High Court Order Restraining Further Prosecution
Outcome
Appeal dismissed; prohibition of third trial affirmed.
Legal Topics
Double Jeopardy, Abuse of Process, Right to Fair Trial, Judicial Review, Prosecutorial Discretion
Criminal Law Constitutional Law Human Rights Law Double Jeopardy Abuse of Process Right to Fair Trial Judicial Review Prosecutorial Discretion

Case Brief

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Parties

D. S.

Applicant/respondent

Judges of the Cork Circuit Court

Respondent/appellant

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review / Appeal / Supreme Court Appeal From High Court Order Restraining Further Prosecution

Legal Issues

  1. 1 Does the principle of double jeopardy prohibit a third trial after two jury disagreements?
  2. 2 Is a third trial oppressive or an abuse of process under the Constitution or European Convention on Human Rights?
  3. 3 Does the court have discretion to prohibit further prosecution in the absence of statutory limitation?

Ratio Decidendi

The principle of double jeopardy does not apply as there was no acquittal or conviction on the relevant counts. There is no statutory or common law rule limiting the number of trials after jury disagreement. However, considering the cumulative effect of multiple trials, the stress and prejudice to the applicant and his family, the absence of new evidence, and the prolonged process, it would be oppressive and unfair to permit a third trial. In the interests of justice and due process, the third trial is prohibited.

Court Disposition

Appeal dismissed; prohibition of third trial affirmed.

Orders

  • Director of Public Prosecutions restrained from taking any further steps in the prosecution of D. S. on the remaining counts relating to S. L.
  • High Court order prohibiting further prosecution affirmed.