DPP -v- A.D. [2012] IESC 33 (24 May 2012)

DPP -v- A.D. [2012] IESC 33 (24 May 2012)

A statement made by an accused during lawful custody remains admissible unless a causal link is established between a subsequent breach of constitutional rights and the earlier statement; the trial judge correctly admitted the portion of the statement made before the breach and applied the proper legal test in refusing to withdraw the case from the jury.

Citation
[2012] IESC 33
Parties
Prosecutor: Director of Public Prosecutions; Applicant/appellant: A. D.
Jurisdiction
Ireland
Judgment Date
24 May 2012
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Court of Criminal Appeal
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Right of Access to Solicitor, Exclusionary Rule, Unlawful Detention, No Case to Answer Submission
Criminal Law Constitutional Law Admissibility of Evidence Right of Access to Solicitor Exclusionary Rule Unlawful Detention No Case to Answer Submission

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

A. D.

Applicant/appellant

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Court of Criminal Appeal

Legal Issues

  1. 1 Whether the entirety of a non-incriminating statement made by an accused while in custody is inadmissible if, during the making of the statement, the accused's constitutional right of reasonable access to a solicitor was deliberately and consciously breached
  2. 2 Whether the trial judge applied the correct test in deciding whether to allow the prosecution case go to the jury

Ratio Decidendi

A statement made by an accused during lawful custody remains admissible unless a causal link is established between a subsequent breach of constitutional rights and the earlier statement; the trial judge correctly admitted the portion of the statement made before the breach and applied the proper legal test in refusing to withdraw the case from the jury.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on certified grounds
  • Applicant permitted to raise additional point, but appeal dismissed on that ground as well