Denton v. D.P.P. [1998] IESC 30 (29th October, 1998)
The prosecution did not offer two different times of arrest in evidence; the only admissible evidence was that of the arresting Garda. The custody record was not proved or put to the Garda and thus did not create a contradiction or reasonable doubt. The District Judge was incorrect in law to dismiss the prosecution on this basis.
- Citation
- [1998] IESC 30
- Parties
- Prosecutor: Director of Public Prosecutions; Accused/appellant/respondent: Alice Denton
- Jurisdiction
- Ireland
- Procedural Posture
- Criminal Appeal (case Stated) / Appeal From High Court to Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Drunken Driving, Evidence, Contradictory Evidence, Arrest Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Director of Public Prosecutions
Prosecutor
Alice Denton
Accused/appellant/respondent
Procedural Posture
Criminal Appeal (case Stated) / Appeal From High Court to Supreme Court
Legal Issues
- 1 Whether the District Judge was correct in law to dismiss the prosecution due to two different times of arrest being proffered
- 2 Whether the custody record time contradicted the arresting Garda's evidence sufficiently to create reasonable doubt
Ratio Decidendi
The prosecution did not offer two different times of arrest in evidence; the only admissible evidence was that of the arresting Garda. The custody record was not proved or put to the Garda and thus did not create a contradiction or reasonable doubt. The District Judge was incorrect in law to dismiss the prosecution on this basis.
Court Disposition
appeal dismissed
Orders
- District Judge to enter into continuance of the case
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