Director of Public Prosecutions v C.C. [2019] IESC 94_3 (19 December 2019)

Director of Public Prosecutions v C.C. [2019] IESC 94_3 (19 December 2019)

The presence of a reliable confession by the accused negates the risk of unfairness due to delay, and no exceptional circumstances exist to prohibit the trial; therefore, the trial and conviction should stand.

Citation
[2019] IESC 94_3
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: C. C.
Jurisdiction
Ireland
Judgment Date
19 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Delay in Prosecution, Sexual Offences, Judicial Review, Right to Fair Trial, Confession Evidence
Criminal Law Delay in Prosecution Sexual Offences Judicial Review Right to Fair Trial Confession Evidence

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

C. C.

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether delay in prosecution of historical sexual offences creates a real or serious risk of an unfair trial
  2. 2 Whether the presence of a reliable confession negates the risk of unfairness due to delay
  3. 3 Whether exceptional circumstances exist to prohibit trial

Ratio Decidendi

The presence of a reliable confession by the accused negates the risk of unfairness due to delay, and no exceptional circumstances exist to prohibit the trial; therefore, the trial and conviction should stand.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed and the conviction stands.