Cullen v the Director of Public Prosecutions [2014] IESC 59 (16 October 2014)

Cullen v the Director of Public Prosecutions [2014] IESC 59 (16 October 2014)

The Supreme Court held that the highly culpable prosecutorial delay of over 23 years, the applicant's age at the time of the alleged offence, the breach of the special duty to expedite proceedings for young offenders, and the absence of any blameworthy conduct by the applicant together constituted wholly exceptional circumstances justifying prohibition of the trial, notwithstanding the seriousness of the offence and public interest in prosecution.

Citation
[2014] IESC 59
Parties
Applicant/respondent: Sharon Cullen; Respondent/appellant: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
16 October 2014
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Decision Prohibiting Prosecution
Outcome
Appeal dismissed; prohibition on prosecution affirmed
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Special Duty to Young Offenders, Public Interest in Prosecution, Balancing Exercise in Delay Cases
Criminal Law Constitutional Law Juvenile Justice Prosecutorial Delay Right to Fair Trial Special Duty to Young Offenders Public Interest in Prosecution Balancing Exercise in Delay Cases

Case Brief

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Parties

Sharon Cullen

Applicant/respondent

The Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Decision Prohibiting Prosecution

Legal Issues

  1. 1 Whether blameworthy prosecutorial delay prohibits prosecution
  2. 2 Whether special duty to expedite prosecution of young offenders was breached
  3. 3 Whether public interest in prosecution outweighs delay and prejudice to applicant

Ratio Decidendi

The Supreme Court held that the highly culpable prosecutorial delay of over 23 years, the applicant's age at the time of the alleged offence, the breach of the special duty to expedite proceedings for young offenders, and the absence of any blameworthy conduct by the applicant together constituted wholly exceptional circumstances justifying prohibition of the trial, notwithstanding the seriousness of the offence and public interest in prosecution.

Court Disposition

Appeal dismissed; prohibition on prosecution affirmed

Orders

  • The appeal by the Director of Public Prosecutions is dismissed.
  • The order of the High Court prohibiting the prosecution of Sharon Cullen is affirmed.