Lynch v. D.P.P. [1997] IEHC 185 (16th December, 1997)

Lynch v. D.P.P. [1997] IEHC 185 (16th December, 1997)

The delay in charging the applicant was justified by the need to ensure reliable evidence from Mr. Branley. The prosecution acted reasonably and did not orchestrate proceedings to disadvantage the applicant. No specific or necessary prejudice was demonstrated by the applicant due to the delay.

Citation
[1997] IEHC 185
Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused
Legal Topics
Delay in Prosecution, Fair Trial, Prejudice, Charging of Offences
Criminal Law Constitutional Law Delay in Prosecution Fair Trial Prejudice Charging of Offences

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether delay in charging the applicant was unreasonable and prejudicial
  2. 2 Whether the applicant was deprived of a fair trial due to delay
  3. 3 Whether the prosecution orchestrated proceedings to disadvantage the applicant

Ratio Decidendi

The delay in charging the applicant was justified by the need to ensure reliable evidence from Mr. Branley. The prosecution acted reasonably and did not orchestrate proceedings to disadvantage the applicant. No specific or necessary prejudice was demonstrated by the applicant due to the delay.

Court Disposition

Relief refused