DPP v B.K (Approved) [2023] IESC 38 (14 December 2023)

DPP v B.K (Approved) [2023] IESC 38 (14 December 2023)

Given the gravity and nature of the alleged offences, the absence of defined prejudice to the appellant, the availability of the key evidence and witnesses, and the strong public and victim interest in prosecution, it is in the interests of justice to quash the acquittal and order a re-trial under s.23 of the Criminal Procedure Act 2010.

Citation
[2023] IESC 38
Parties
Appellant/respondent: Director of Public Prosecutions; Respondent/appellant: B. K.
Jurisdiction
Ireland
Judgment Date
14 December 2023
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal Under S.23 Criminal Procedure Act 2010
Outcome
Acquittal quashed; re-trial ordered.
Legal Topics
Admissibility of Evidence, Re Trial After Acquittal, Double Jeopardy, Sexual Offences, Child Neglect
Criminal Law Criminal Procedure Admissibility of Evidence Re Trial After Acquittal Double Jeopardy Sexual Offences Child Neglect

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 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Director of Public Prosecutions

Appellant/respondent

B. K.

Respondent/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Appeal Under S.23 Criminal Procedure Act 2010

Legal Issues

  1. 1 Whether the acquittal of the appellant should be quashed and a re-trial ordered under s.23 of the Criminal Procedure Act 2010 after exclusion of alleged confessions to a clinical psychologist was found erroneous.
  2. 2 Whether, in all the circumstances, it is in the interests of justice to order a re-trial given the passage of time, the nature of the offences, and the interests of the victims.

Ratio Decidendi

Given the gravity and nature of the alleged offences, the absence of defined prejudice to the appellant, the availability of the key evidence and witnesses, and the strong public and victim interest in prosecution, it is in the interests of justice to quash the acquittal and order a re-trial under s.23 of the Criminal Procedure Act 2010.

Court Disposition

Acquittal quashed; re-trial ordered.

Orders

  • The acquittal of the appellant is quashed.
  • A re-trial is directed on the indictment.