Director of Public Prosecutions -v- Fitzsimons [2015] IEHC 403 (26 June 2015)

Director of Public Prosecutions -v- Fitzsimons [2015] IEHC 403 (26 June 2015)

In the context of this case, where the defendant's conduct was self-evidently and notoriously criminal (public exposure), there was no requirement to specifically advise that failure to comply with the Garda's request was a criminal offence before conviction under s.5 of the Criminal Justice (Public Order) Act 1994.

Citation
[2015] IEHC 403
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Sandra Kirwan); Defendant: Calvin Fitzsimons
Jurisdiction
Ireland
Judgment Date
26 June 2015
Procedural Posture
Case Stated (criminal) / High Court Review of District Court Conviction
Outcome
Case stated answered in the negative; no requirement for specific warning in this context.
Legal Topics
Requirement of Warning Before Conviction, Interpretation of Criminal Justice (public Order) Act 1994 S.5, Malum in Se Vs Malum Prohibitum, Procedural Requirements for Case Stated
Criminal Law Public Order Requirement of Warning Before Conviction Interpretation of Criminal Justice (public Order) Act 1994 S.5 Malum in Se Vs Malum Prohibitum Procedural Requirements for Case Stated

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Parties

Director of Public Prosecutions (at the suit of Garda Sandra Kirwan)

Prosecutor

Calvin Fitzsimons

Defendant

Procedural Posture

Case Stated (criminal) / High Court Review of District Court Conviction

Legal Issues

  1. 1 Whether an accused must be specifically advised that failure to comply with a request under s.5 of the Criminal Justice (Public Order) Act 1994 is a criminal offence before conviction

Ratio Decidendi

In the context of this case, where the defendant's conduct was self-evidently and notoriously criminal (public exposure), there was no requirement to specifically advise that failure to comply with the Garda's request was a criminal offence before conviction under s.5 of the Criminal Justice (Public Order) Act 1994.

Court Disposition

Case stated answered in the negative; no requirement for specific warning in this context.

Orders

  • High Court affirms District Court's conviction; no further action required.