O Neill -v- Judge Patrick McCartan [2007] IEHC 83 (15 March 2007)

O Neill -v- Judge Patrick McCartan [2007] IEHC 83 (15 March 2007)

There was sufficient evidence before the Circuit Court Judge to conclude that the delay in the arrival of the doctor was not culpable and did not render the detention unlawful; practicalities of securing a doctor's attendance must be considered and no evidence of neglect of constitutional rights was found.

Citation
[2007] IEHC 83
Parties
Applicant: David O’Neill; Respondent: Judge Patrick McCartan; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
15 March 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Road Traffic Offences, Unlawful Detention, Reasonableness of Delay, Certiorari
Criminal Law Constitutional Law Road Traffic Offences Unlawful Detention Reasonableness of Delay Certiorari

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Parties

David O’Neill

Applicant

Judge Patrick McCartan

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether delay in arrival of doctor rendered detention unlawful
  2. 2 Whether Circuit Court Judge had sufficient evidence to decide detention was lawful

Ratio Decidendi

There was sufficient evidence before the Circuit Court Judge to conclude that the delay in the arrival of the doctor was not culpable and did not render the detention unlawful; practicalities of securing a doctor's attendance must be considered and no evidence of neglect of constitutional rights was found.

Court Disposition

Application for judicial review refused

Orders

  • No order for certiorari; conviction and penalty upheld