The Director of Public Prosecutions v Monaghan [2007] IEHC 92 (14 March 2007)

The Director of Public Prosecutions v Monaghan [2007] IEHC 92 (14 March 2007)

A formal complaint against the accused is not required by law for a summary prosecution to be initiated; prosecution may be based on evidence gathered from a complaint made by the accused himself, and the Director of Public Prosecutions acts in the name of the community, not individual complainants.

Citation
[2007] IEHC 92
Parties
Prosecutor: The Director of Public Prosecutions at the suit of Garda Thomas M. G. Quigley; Accused: Tony Monaghan
Jurisdiction
Ireland
Judgment Date
14 March 2007
Procedural Posture
Case Stated (criminal) / High Court Review of District Court Question
Outcome
Question answered in the affirmative; prosecution may proceed without a formal complaint against the accused.
Legal Topics
Prosecution Requirements, Role of Complaint in Criminal Proceedings, Director of Public Prosecutions Powers, Summary Prosecution
Criminal Law Constitutional Law Prosecution Requirements Role of Complaint in Criminal Proceedings Director of Public Prosecutions Powers Summary Prosecution

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Parties

The Director of Public Prosecutions at the suit of Garda Thomas M. G. Quigley

Prosecutor

Tony Monaghan

Accused

Procedural Posture

Case Stated (criminal) / High Court Review of District Court Question

Legal Issues

  1. 1 Whether a formal complaint against the accused is required before a summary prosecution for a non-fatal offence against the person can be initiated
  2. 2 Whether prosecution can be based on evidence gathered from a complaint made by the accused himself

Ratio Decidendi

A formal complaint against the accused is not required by law for a summary prosecution to be initiated; prosecution may be based on evidence gathered from a complaint made by the accused himself, and the Director of Public Prosecutions acts in the name of the community, not individual complainants.

Court Disposition

Question answered in the affirmative; prosecution may proceed without a formal complaint against the accused.

Orders

  • Advise District Judge that an accused person can be prosecuted summarily based on evidence from a complaint made by the accused himself and that a formal complaint against the accused is not necessary before prosecution.