Daly -v- The Director of Public Prosecutions & anor [2015] IEHC 405 (25 June 2015)

Daly -v- The Director of Public Prosecutions & anor [2015] IEHC 405 (25 June 2015)

There was no inordinate, blameworthy, or inexcusable prosecutorial delay. Even if there had been, the seriousness of the offence, the applicant’s age at the time, and the complexities of the investigation outweigh any prejudice from loss of minor status. The public interest in prosecution prevails, and relief is refused.

Citation
[2015] IEHC 405
Parties
Applicant: Aaron Daly; First Respondent: The Director of Public Prosecutions; Second Respondent: Judge John O’Connor
Jurisdiction
Ireland
Judgment Date
25 June 2015
Procedural Posture
Judicial Review / High Court Judgment on Application for Injunction and Related Reliefs
Outcome
Relief refused; application dismissed.
Legal Topics
Prosecutorial Delay, Right to Fair Trial, Children Act 2001, Loss of Minor Status, Balancing Public Interest and Individual Rights
Criminal Law Constitutional Law Juvenile Justice Prosecutorial Delay Right to Fair Trial Children Act 2001 Loss of Minor Status Balancing Public Interest and Individual Rights

Case Brief

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Parties

Aaron Daly

Applicant

The Director of Public Prosecutions

First Respondent

Judge John O’Connor

Second Respondent

Procedural Posture

Judicial Review / High Court Judgment on Application for Injunction and Related Reliefs

Legal Issues

  1. 1 Whether there was blameworthy prosecutorial delay depriving the applicant of trial as a minor
  2. 2 Whether the applicant's right to a fair trial under Article 38 of the Constitution was breached
  3. 3 Whether the loss of protections under the Children Act 2001 due to delay constitutes real prejudice justifying prohibition of prosecution

Ratio Decidendi

There was no inordinate, blameworthy, or inexcusable prosecutorial delay. Even if there had been, the seriousness of the offence, the applicant’s age at the time, and the complexities of the investigation outweigh any prejudice from loss of minor status. The public interest in prosecution prevails, and relief is refused.

Court Disposition

Relief refused; application dismissed.