Director of Public Prosecutions -v- Wilson [2017] IESC 53 (13 July 2017)
Section 19 of the Criminal Justice Act 1984 may not be utilised in a trial for an offence other than the offence in respect of which the inference caution was expressly invoked. The caution and opportunity for legal advice must relate to the same offence as the one ultimately prosecuted. Any other approach would require further legislation.
- Citation
- [2017] IESC 53
- Parties
- Respondent: Director of Public Prosecutions; Applicant/appellant: Alan Wilson
- Jurisdiction
- Ireland
- Judgment Date
- 13 July 2017
- Procedural Posture
- Criminal Appeal / Supreme Court Appeal From Court of Appeal
- Outcome
- appeal allowed; conviction quashed
- Legal Topics
- Adverse Inferences, Statutory Interpretation, Right to Silence, Burglary, Firearms Offences
Case Brief
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Parties
Director of Public Prosecutions
Respondent
Alan Wilson
Applicant/appellant
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Court of Appeal
Legal Issues
- 1 Whether section 19 of the Criminal Justice Act 1984 may be utilised in a trial for an offence other than the offence about which the accused was questioned when the section was invoked
Ratio Decidendi
Section 19 of the Criminal Justice Act 1984 may not be utilised in a trial for an offence other than the offence in respect of which the inference caution was expressly invoked. The caution and opportunity for legal advice must relate to the same offence as the one ultimately prosecuted. Any other approach would require further legislation.
Court Disposition
appeal allowed; conviction quashed
Orders
- Appeal allowed
- Conviction quashed
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