DPP v Patrick Quirke (Approved) [2023] IESC 20 (28 July 2023)

DPP v Patrick Quirke (Approved) [2023] IESC 20 (28 July 2023)

The Supreme Court held that the computer evidence was obtained in breach of the accused's constitutional rights, but the breach was inadvertent and not deliberate or conscious. Applying the JC test, the evidence should be excluded unless the prosecution can justify its admission. The computer evidence was integral to the prosecution's case and its admission could not be excused under the statutory proviso. The conviction was therefore unsafe and a retrial was ordered.

Citation
[2023] IESC 20
Parties
Prosecutor/respondent: The People (DPP); Accused/appellant: Patrick Quirke
Jurisdiction
Ireland
Judgment Date
28 July 2023
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Conviction
Outcome
Conviction quashed; retrial ordered
Legal Topics
Exclusionary Rule, Search and Seizure, Admissibility of Evidence, Constitutional Rights, Privacy, Criminal Procedure
Criminal Law Constitutional Law Evidence Exclusionary Rule Search and Seizure Admissibility of Evidence Constitutional Rights Privacy +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

The People (DPP)

Prosecutor/respondent

Patrick Quirke

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Conviction

Legal Issues

  1. 1 Whether evidence obtained from computer devices seized under a search warrant should be excluded due to breach of constitutional rights
  2. 2 Whether the exclusionary rule as clarified in The People (DPP) v JC applies to the facts
  3. 3 Whether the conviction is unsafe due to the admission of unlawfully obtained evidence

Ratio Decidendi

The Supreme Court held that the computer evidence was obtained in breach of the accused's constitutional rights, but the breach was inadvertent and not deliberate or conscious. Applying the JC test, the evidence should be excluded unless the prosecution can justify its admission. The computer evidence was integral to the prosecution's case and its admission could not be excused under the statutory proviso. The conviction was therefore unsafe and a retrial was ordered.

Court Disposition

Conviction quashed; retrial ordered

Orders

  • The conviction of Patrick Quirke is quashed.
  • A retrial is ordered in the Central Criminal Court.