Connors -v- Governor of Limerick Prison [2017] IECA 218 (06 July 2017)

Connors -v- Governor of Limerick Prison [2017] IECA 218 (06 July 2017)

The refusal by the District Judge to accept the applicant's change of plea from not guilty to guilty, in the absence of exceptional circumstances, was contrary to the applicant's constitutional right to a fair trial. The subsequent remand in custody was therefore unlawful, and the High Court was correct to order the applicant's release under Article 40.4.2° of the Constitution.

Citation
[2017] IECA 218
Parties
Applicant/respondent: Danny Connors; Respondent/appellant: Governor of Limerick Prison
Jurisdiction
Ireland
Judgment Date
06 July 2017
Procedural Posture
Appeal (article 40.4.2° Inquiry) / Court of Appeal Judgment
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Right to Fair Trial, Plea of Guilty, Judicial Discretion, Unlawful Detention, Article 40 Inquiry, Remand in Custody
Criminal Law Constitutional Law Right to Fair Trial Plea of Guilty Judicial Discretion Unlawful Detention Article 40 Inquiry Remand in Custody

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 19 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Danny Connors

Applicant/respondent

Governor of Limerick Prison

Respondent/appellant

Procedural Posture

Appeal (article 40.4.2° Inquiry) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a District Judge may refuse to accept an accused's change of plea from not guilty to guilty absent exceptional circumstances
  2. 2 Whether the applicant's detention following refusal to accept a guilty plea was unlawful under Article 40.4.2° of the Constitution
  3. 3 Whether acquiescence by the applicant or his solicitor could render lawful an otherwise unlawful detention

Ratio Decidendi

The refusal by the District Judge to accept the applicant's change of plea from not guilty to guilty, in the absence of exceptional circumstances, was contrary to the applicant's constitutional right to a fair trial. The subsequent remand in custody was therefore unlawful, and the High Court was correct to order the applicant's release under Article 40.4.2° of the Constitution.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • Applicant's detention declared unlawful under Article 40.4.2° of the Constitution.
  • Applicant released from custody.