The DPP -v- Finn [2016] IEHC 272 (18 April 2016)

The DPP -v- Finn [2016] IEHC 272 (18 April 2016)

The combined effect of the appellant's obstinate and deliberate refusal to allow the swab to be taken, coupled with maintaining his head down and arms folded, amounted to behaviour making it more difficult for Gardaí to carry out their duties and thus constituted obstruction under s.2(9) of the Criminal Justice (Forensic Evidence) Act, 1990.

Citation
[2016] IEHC 272
Parties
Prosecutor/respondent: Director of Public Prosecutions (at the suit of Garda O’Leary); Accused/appellant: Kenneth Finn
Jurisdiction
Ireland
Judgment Date
18 April 2016
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Judgment on Case Stated
Outcome
Questions answered: (a) No, (b) Yes.
Legal Topics
Obstruction of Justice, Forensic Evidence, Interpretation of Obstruction, Use of Reasonable Force, Criminal Procedure
Criminal Law Obstruction of Justice Forensic Evidence Interpretation of Obstruction Use of Reasonable Force Criminal Procedure

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Parties

Director of Public Prosecutions (at the suit of Garda O’Leary)

Prosecutor/respondent

Kenneth Finn

Accused/appellant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Judgment on Case Stated

Legal Issues

  1. 1 Whether a detainee can be said to have obstructed the taking of a buccal sample where Gardaí have not attempted to use reasonable force and the detainee has obstinately refused to provide the sample
  2. 2 Whether the appellant's behaviour amounted to obstruction under s.2(9) of the Criminal Justice (Forensic Evidence) Act, 1990

Ratio Decidendi

The combined effect of the appellant's obstinate and deliberate refusal to allow the swab to be taken, coupled with maintaining his head down and arms folded, amounted to behaviour making it more difficult for Gardaí to carry out their duties and thus constituted obstruction under s.2(9) of the Criminal Justice (Forensic Evidence) Act, 1990.

Court Disposition

Questions answered: (a) No, (b) Yes.

Orders

  • The High Court answered the first question in the negative and the second in the affirmative.