Dunne -v- The Governor of Cloverhill Prison [2009] IESC 43 (21 May 2009)

Dunne -v- The Governor of Cloverhill Prison [2009] IESC 43 (21 May 2009)

The Supreme Court held that the appeal was moot because the applicant was no longer in custody on the new charge, there was no live issue between the parties, and judicial resources should not be expended on academic questions.

Citation
[2009] IESC 43
Parties
Applicant/respondent: Eamonn Dunne; Respondent/appellant: The Governor of Cloverhill Prison
Jurisdiction
Ireland
Judgment Date
21 May 2009
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Regarding Article 40.4.2° Inquiry
Outcome
Appeal dismissed as moot
Legal Topics
Habeas Corpus, Mootness, Unlawful Detention, Re Arrest, Remand Procedures
Criminal Law Constitutional Law Habeas Corpus Mootness Unlawful Detention Re Arrest Remand Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Eamonn Dunne

Applicant/respondent

The Governor of Cloverhill Prison

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Regarding Article 40.4.2° Inquiry

Legal Issues

  1. 1 Whether the appeal concerning the applicant's release on a new charge is moot
  2. 2 Whether there is a justiciable controversy regarding the applicant's detention on the new charge

Ratio Decidendi

The Supreme Court held that the appeal was moot because the applicant was no longer in custody on the new charge, there was no live issue between the parties, and judicial resources should not be expended on academic questions.

Court Disposition

Appeal dismissed as moot

Orders

  • Appeal dismissed
  • No further orders as the matter is moot