Douglas -v- DPP & Ors [2013] IEHC 343 (26 July 2013)

Douglas -v- DPP & Ors [2013] IEHC 343 (26 July 2013)

Section 18 of the 1935 Act, insofar as it creates the offences of causing scandal or injuring the morals of the community, is unconstitutionally vague, lacks clear principles and policies, and lends itself to arbitrary and inconsistent application, thereby violating Articles 15.2.1, 15.5.1, 38.1, 40.1, and 40.4.1 of the Constitution.

Citation
[2013] IEHC 343
Parties
Plaintiff: David Douglas; Defendants: Director of Public Prosecutions, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
26 July 2013
Procedural Posture
Constitutional Challenge (high Court) / Judgment
Outcome
Declaration of unconstitutionality (partial) and severance granted
Legal Topics
Vagueness Doctrine, Legal Certainty, Severance, Standing, Presumption of Constitutionality, Summary Offences
Constitutional Law Criminal Law Vagueness Doctrine Legal Certainty Severance Standing Presumption of Constitutionality Summary Offences

Case Brief

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Parties

David Douglas

Plaintiff

Director of Public Prosecutions, Ireland and the Attorney General

Defendants

Procedural Posture

Constitutional Challenge (high Court) / Judgment

Legal Issues

  1. 1 Whether s. 18 of the Criminal Law (Amendment) Act 1935, as amended, is unconstitutionally vague for creating offences of causing scandal or injuring the morals of the community
  2. 2 Whether the plaintiff has standing to challenge the constitutionality of the section
  3. 3 Whether the amendments to s. 18 by the 1990 Act re-enacted it as a post-1937 statute

Ratio Decidendi

Section 18 of the 1935 Act, insofar as it creates the offences of causing scandal or injuring the morals of the community, is unconstitutionally vague, lacks clear principles and policies, and lends itself to arbitrary and inconsistent application, thereby violating Articles 15.2.1, 15.5.1, 38.1, 40.1, and 40.4.1 of the Constitution.

Court Disposition

Declaration of unconstitutionality (partial) and severance granted

Orders

  • Declaration that the words 'or cause scandal or injure the morals of the community' in s. 18 of the Criminal Law (Amendment) Act 1935 are inconsistent with the Constitution and did not survive its enactment
  • Severance of the unconstitutional offences from the remainder of s. 18