P. O'C -v- DPP P. O'C -v- DPP [2008] IESC 5 (04 March 2008)

P. O'C -v- DPP P. O'C -v- DPP [2008] IESC 5 (04 March 2008)

The applicant failed to establish that the delay resulted in a real or serious risk of an unfair trial that could not be avoided by appropriate rulings and directions at trial; thus, prohibition of the prosecution was not warranted.

Citation
[2008] IESC 5
Parties
Applicant/respondent: P. O'C.; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
04 March 2008
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
Appeal allowed; application for judicial review dismissed.
Legal Topics
Delay in Prosecution, Right to Fair Trial, Sexual Offences, Judicial Review, Prejudice Due to Delay
Criminal Law Constitutional Law Delay in Prosecution Right to Fair Trial Sexual Offences Judicial Review Prejudice Due to Delay

Case Brief

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Parties

P. O'C.

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether complainant delay and loss of evidence created a real or serious risk of an unfair trial justifying prohibition of prosecution.
  2. 2 Whether actual or presumptive prejudice to the accused was established due to delay.

Ratio Decidendi

The applicant failed to establish that the delay resulted in a real or serious risk of an unfair trial that could not be avoided by appropriate rulings and directions at trial; thus, prohibition of the prosecution was not warranted.

Court Disposition

Appeal allowed; application for judicial review dismissed.

Orders

  • The appeal is allowed.
  • The application for judicial review is dismissed.