P.T. -v- DPP [2007] IESC 39 (31 July 2007)

P.T. -v- DPP [2007] IESC 39 (31 July 2007)

The cumulative effect of the age of the case, the applicant's advanced age, his ill-health, and the time taken to mount the prosecution constitute wholly exceptional circumstances making it unfair and unjust to put the applicant on trial, even though prosecutorial delay or risk of unfair trial was not otherwise established.

Citation
[2007] IESC 39
Parties
Applicant/respondent: P. T.; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
31 July 2007
Procedural Posture
Judicial Review (prohibition of Criminal Trial) / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; trial prohibited
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Exceptional Circumstances, Prohibition of Trial, Due Process
Criminal Law Constitutional Law Judicial Review Prosecutorial Delay Right to Fair Trial Exceptional Circumstances Prohibition of Trial Due Process

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P. T.

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review (prohibition of Criminal Trial) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether prosecutorial delay or cumulative exceptional circumstances require prohibition of criminal trial for historic offences
  2. 2 Whether applicant's right to fair and expeditious trial was breached

Ratio Decidendi

The cumulative effect of the age of the case, the applicant's advanced age, his ill-health, and the time taken to mount the prosecution constitute wholly exceptional circumstances making it unfair and unjust to put the applicant on trial, even though prosecutorial delay or risk of unfair trial was not otherwise established.

Court Disposition

Appeal dismissed; trial prohibited

Orders

  • Appeal by DPP dismissed
  • Order restraining the trial of the applicant