A.C -v- O'Brien & anor [2015] IEHC 25 (21 January 2015)

A.C -v- O'Brien & anor [2015] IEHC 25 (21 January 2015)

The law in Ireland regarding the rule in Browne v Dunn was not well settled until DPP v Burke clarified that unchallenged evidence carries greater weight but does not compel acceptance. The District Judge's refusal to state a case was not legally incorrect after Burke, and an order to state a case would now be pointless.

Citation
[2015] IEHC 25
Parties
Applicant: A. C.; First Respondent: Judge Eamon O’Brien; Second Respondent: Director of Public Prosecution
Jurisdiction
Ireland
Judgment Date
21 January 2015
Procedural Posture
Judicial Review / Final Judgment on Application for Certiorari and Mandamus
Outcome
Application refused
Legal Topics
Rule in Browne V Dunn, Case Stated Procedure, Cross Examination, Frivolous Applications, Natural Justice
Criminal Law Judicial Review Evidence Rule in Browne V Dunn Case Stated Procedure Cross Examination Frivolous Applications Natural Justice

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Parties

A. C.

Applicant

Judge Eamon O’Brien

First Respondent

Director of Public Prosecution

Second Respondent

Procedural Posture

Judicial Review / Final Judgment on Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the District Judge erred in refusing to state a case on the ground that the application was frivolous
  2. 2 Whether the rule in Browne v Dunn applies in Irish criminal proceedings
  3. 3 Whether failure to cross-examine compels acceptance of evidence

Ratio Decidendi

The law in Ireland regarding the rule in Browne v Dunn was not well settled until DPP v Burke clarified that unchallenged evidence carries greater weight but does not compel acceptance. The District Judge's refusal to state a case was not legally incorrect after Burke, and an order to state a case would now be pointless.

Court Disposition

Application refused

Orders

  • No order directing the District Judge to state a case
  • No order of certiorari or mandamus granted