Murphy & Ors -v- Governor of Mountjoy (The Training Unit) [2015] IECA 259 (16 November 2015)

Murphy & Ors -v- Governor of Mountjoy (The Training Unit) [2015] IECA 259 (16 November 2015)

The applicants' situations are not distinguishable from A. v. Governor of Arbour Hill Prison; the general principle is that convictions and sentences under statutes later declared unconstitutional remain lawful unless wholly exceptional circumstances exist, which are not present here. Accordingly, the applicants are not entitled to release.

Citation
[2015] IECA 259
Parties
Applicant/appellant: Anthony Murphy; Respondent: Governor of Mountjoy Prison (The Training Unit); Applicant/appellant: Keith Willis; Respondent: Governor of Wheatfield Prison; Applicant/appellant: Joseph Carberry
Jurisdiction
Ireland
Judgment Date
16 November 2015
Procedural Posture
Appeal (article 40.4.2 of the Constitution Habeas Corpus) / Judgment on Appeal From High Court Refusal to Order Release
Outcome
Appeals dismissed; orders of the High Court refusing release affirmed.
Legal Topics
Retrospective Effect of Declaration of Unconstitutionality, Delegated Legislation, Controlled Drugs, Malum Prohibitum Vs Malum in Se, Finality of Criminal Proceedings
Constitutional Law Criminal Law Retrospective Effect of Declaration of Unconstitutionality Delegated Legislation Controlled Drugs Malum Prohibitum Vs Malum in Se Finality of Criminal Proceedings

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Parties

Anthony Murphy

Applicant/appellant

Governor of Mountjoy Prison (The Training Unit)

Respondent

Keith Willis

Applicant/appellant

Governor of Wheatfield Prison

Respondent

Joseph Carberry

Applicant/appellant

Procedural Posture

Appeal (article 40.4.2 of the Constitution Habeas Corpus) / Judgment on Appeal From High Court Refusal to Order Release

Legal Issues

  1. 1 Whether applicants are entitled to release from prison following declaration of unconstitutionality of statutory instruments designating certain drugs as controlled substances
  2. 2 Whether the Supreme Court decision in A. v. Governor of Arbour Hill Prison precludes such release except in exceptional circumstances

Ratio Decidendi

The applicants' situations are not distinguishable from A. v. Governor of Arbour Hill Prison; the general principle is that convictions and sentences under statutes later declared unconstitutional remain lawful unless wholly exceptional circumstances exist, which are not present here. Accordingly, the applicants are not entitled to release.

Court Disposition

Appeals dismissed; orders of the High Court refusing release affirmed.