Swaine v. D.P.P. [2002] IESC 30 (26 April 2002)

Swaine v. D.P.P. [2002] IESC 30 (26 April 2002)

The evidence of Sean Walsh was not material to the substantial issues in the case; its non-disclosure did not amount to a miscarriage of justice or justify quashing the conviction. The appellant's own evidence established dangerous driving irrespective of which garda passed first.

Citation
[2002] IESC 30
Parties
Applicant: Applicant (Appellant); Respondent: The State (Prosecution)
Jurisdiction
Ireland
Judgment Date
26 April 2002
Procedural Posture
Judicial Review (certiorari) / Appeal From High Court Refusal to Quash Conviction
Outcome
Appeal dismissed
Legal Topics
Dangerous Driving, Suppression of Evidence, Disclosure Obligations, Certiorari, Fair Procedures
Criminal Law Judicial Review Dangerous Driving Suppression of Evidence Disclosure Obligations Certiorari Fair Procedures

Case Brief

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Parties

Applicant (Appellant)

Applicant

The State (Prosecution)

Respondent

Procedural Posture

Judicial Review (certiorari) / Appeal From High Court Refusal to Quash Conviction

Legal Issues

  1. 1 Whether the prosecution's failure to disclose the statement of Sean Walsh constituted suppression of material evidence justifying quashing the conviction
  2. 2 Whether the evidence of Sean Walsh was material to the outcome of the case

Ratio Decidendi

The evidence of Sean Walsh was not material to the substantial issues in the case; its non-disclosure did not amount to a miscarriage of justice or justify quashing the conviction. The appellant's own evidence established dangerous driving irrespective of which garda passed first.

Court Disposition

Appeal dismissed

Orders

  • Refusal of order of certiorari is affirmed
  • Conviction stands