Director of Public Prosecutions v C.C. (Statment) [2019] IESC 94 (19 December 2019)

Director of Public Prosecutions v C.C. (Statment) [2019] IESC 94 (19 December 2019)

Majority held that, despite the absence of a witness and lengthy delay, the strength of the prosecution case and corroborative evidence, including an admission by the accused, meant the accused was not deprived of a realistic opportunity of an obviously useful line of defence and the trial was not unfair.

Citation
[2019] IESC 94
Parties
Prosecutor/respondent: Director of Public Prosecutions; Defendant/appellant: C. CE.
Jurisdiction
Ireland
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Fair Trial, Historic Allegations, Absence of Witness
Criminal Law Delay in Prosecution Fair Trial Historic Allegations Absence of Witness

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

C. CE.

Defendant/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether a significant lapse of time between alleged offence and trial renders the proceedings unfair
  2. 2 Proper approach for trial judge when accused applies to halt trial due to alleged unfairness from delay

Ratio Decidendi

Majority held that, despite the absence of a witness and lengthy delay, the strength of the prosecution case and corroborative evidence, including an admission by the accused, meant the accused was not deprived of a realistic opportunity of an obviously useful line of defence and the trial was not unfair.

Court Disposition

appeal dismissed

Orders

  • Trial judge's decision to allow the trial to proceed is affirmed.