DPP -v- David Lynch [2009] IECCA 31 (02 April 2009)

DPP -v- David Lynch [2009] IECCA 31 (02 April 2009)

A flat occupied by a person, even as a trespasser, can constitute their dwelling for constitutional purposes. The invalid warrant rendered the search unlawful and unconstitutional, requiring exclusion of the evidence under the absolute exclusionary rule. The trial judge had no discretion to admit the evidence, and the conviction based on it could not stand.

Citation
[2009] IECCA 31
Parties
Prosecutor: Director of Public Prosecutions; Applicant: David Lynch
Jurisdiction
Ireland
Judgment Date
02 April 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal, Treated as Hearing of the Appeal
Outcome
appeal allowed in respect of first count, conviction quashed
Legal Topics
Exclusion of Evidence, Search and Seizure, Constitutional Rights, Dwelling Protection
Criminal Law Constitutional Law Exclusion of Evidence Search and Seizure Constitutional Rights Dwelling Protection

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Parties

Director of Public Prosecutions

Prosecutor

David Lynch

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal, Treated as Hearing of the Appeal

Legal Issues

  1. 1 Whether a flat occupied by a trespasser is a constitutionally protected dwelling under Article 40.5 of the Irish Constitution
  2. 2 Whether evidence obtained under an invalid search warrant is admissible

Ratio Decidendi

A flat occupied by a person, even as a trespasser, can constitute their dwelling for constitutional purposes. The invalid warrant rendered the search unlawful and unconstitutional, requiring exclusion of the evidence under the absolute exclusionary rule. The trial judge had no discretion to admit the evidence, and the conviction based on it could not stand.

Court Disposition

appeal allowed in respect of first count, conviction quashed

Orders

  • conviction on first count quashed