O'Driscoll -v- DPP [2009] IESC 23 (24 March 2009)

O'Driscoll -v- DPP [2009] IESC 23 (24 March 2009)

The applicant was entitled in law to have access to the car for inspection in support of his defence; the absence of such access created a real and serious risk of an unfair trial on the criminal damage charge, and the prosecution evidence was insufficient to support conviction.

Citation
[2009] IESC 23
Parties
Applicant/appellant: Jason O'Driscoll; Respondent/respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
24 March 2009
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal
Outcome
Appeal allowed in respect of criminal damage charge; dismissed in respect of burglary charge.
Legal Topics
Right to Fair Trial, Preservation of Evidence, Criminal Damage, Burglary
Criminal Law Judicial Review Right to Fair Trial Preservation of Evidence Criminal Damage Burglary

Case Brief

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Parties

Jason O'Driscoll

Applicant/appellant

Director of Public Prosecutions

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal

Legal Issues

  1. 1 Whether failure to preserve and notify regarding the motor vehicle breached the applicant's right to a fair trial
  2. 2 Whether the applicant was deprived of critical evidence for the criminal damage charge
  3. 3 Whether the High Court erred in not distinguishing between the burglary and criminal damage charges

Ratio Decidendi

The applicant was entitled in law to have access to the car for inspection in support of his defence; the absence of such access created a real and serious risk of an unfair trial on the criminal damage charge, and the prosecution evidence was insufficient to support conviction.

Court Disposition

Appeal allowed in respect of criminal damage charge; dismissed in respect of burglary charge.

Orders

  • Order prohibiting the respondent from taking any further steps on Count 2 (criminal damage) in the criminal prosecution entitled Circuit Criminal Court County of the City of Dublin, Bill No. 192/01.
  • Order setting aside the High Court order concerning the criminal damage charge.