D.P.P. v. O'C. (J.) [2001] IEHC 140 (27th July, 2001)

D.P.P. v. O'C. (J.) [2001] IEHC 140 (27th July, 2001)

The delay in reporting was initially excusable due to fear and domination by the accused, but subsequently arose from fear and domination by the grandmother and concerns about career advancement, which do not fall within the excusable grounds established by case law. Therefore, the admitted delay is not excusable and the indictment must be quashed.

Citation
[2001] IEHC 140
Parties
Accused: J. O'C.; Alleged Victim: B. G.; Alleged Victim: M. G.; Alleged Victim: D. G.
Jurisdiction
Ireland
Procedural Posture
Criminal / Motion to Quash Indictment
Outcome
indictment quashed
Legal Topics
Delay in Prosecution, Sexual Offences, Fair Trial
Criminal Law Delay in Prosecution Sexual Offences Fair Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

J. O'C.

Accused

B. G.

Alleged Victim

M. G.

Alleged Victim

D. G.

Alleged Victim

Procedural Posture

Criminal / Motion to Quash Indictment

Legal Issues

  1. 1 Whether delay in reporting alleged sexual offences justifies quashing the indictment
  2. 2 Whether the delay is excusable under prevailing jurisprudence

Ratio Decidendi

The delay in reporting was initially excusable due to fear and domination by the accused, but subsequently arose from fear and domination by the grandmother and concerns about career advancement, which do not fall within the excusable grounds established by case law. Therefore, the admitted delay is not excusable and the indictment must be quashed.

Court Disposition

indictment quashed

Orders

  • indictment quashed