W.M. -v- DPP [2007] IESC 24 (21 May 2007)

W.M. -v- DPP [2007] IESC 24 (21 May 2007)

Applicant failed to demonstrate real or serious risk of unfair trial due to delay; applicant's correspondence inviting prosecution amounted to waiver or estoppel against relief; appeal allowed.

Citation
[2007] IESC 24
Parties
Applicant/respondent: W. M.; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
21 May 2007
Procedural Posture
Criminal Appeal / Appeal From High Court to Supreme Court
Outcome
appeal allowed
Legal Topics
Delay in Prosecution, Right to Fair Trial, Sexual Offences, Prejudice Due to Delay
Criminal Law Constitutional Law Delay in Prosecution Right to Fair Trial Sexual Offences Prejudice Due to Delay

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

W. M.

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Criminal Appeal / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether delay in prosecution breached applicant's right to an expeditious and fair trial
  2. 2 Whether prejudice arose due to unavailability of witnesses and lost evidence
  3. 3 Whether applicant waived entitlement to relief by inviting prosecution

Ratio Decidendi

Applicant failed to demonstrate real or serious risk of unfair trial due to delay; applicant's correspondence inviting prosecution amounted to waiver or estoppel against relief; appeal allowed.

Court Disposition

appeal allowed

Orders

  • High Court order restraining prosecution set aside
  • Prosecution permitted to proceed