D.P.P. v. Cliffford [2002] IEHC 81 (22 July 2002)

D.P.P. v. Cliffford [2002] IEHC 81 (22 July 2002)

The District Court judge erred in law by dismissing the charge solely because the garda referred to his notes without prior court permission, as the law entitles a witness to refresh memory from contemporaneous notes and the timing or absence of a formal application does not render such evidence inadmissible.

Citation
[2002] IEHC 81
Parties
Prosecutor/appellant: THE DIRECTOR OF PUBLIC PROSECUTIONS; Accused/respondent: ANTHONY CLIFFORD
Jurisdiction
Ireland
Judgment Date
22 July 2002
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Judgment on Appeal From District Court
Outcome
Appeal allowed; District Court decision reversed
Legal Topics
Admissibility of Evidence, Refreshing Memory From Notes, Judicial Discretion, Procedure in Summary Trials
Criminal Law Evidence Law Admissibility of Evidence Refreshing Memory From Notes Judicial Discretion Procedure in Summary Trials

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Parties

THE DIRECTOR OF PUBLIC PROSECUTIONS

Prosecutor/appellant

ANTHONY CLIFFORD

Accused/respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether a District Court judge was correct in law to dismiss a charge because a garda gave evidence from notes without prior court permission
  2. 2 Whether a garda is entitled to refer to contemporaneous notes to refresh memory without prior application to the court

Ratio Decidendi

The District Court judge erred in law by dismissing the charge solely because the garda referred to his notes without prior court permission, as the law entitles a witness to refresh memory from contemporaneous notes and the timing or absence of a formal application does not render such evidence inadmissible.

Court Disposition

Appeal allowed; District Court decision reversed

Orders

  • The question posed in the case stated is answered in the negative.