Cremin -v- Dineen [2009] IEHC 289 (23 June 2009)

Cremin -v- Dineen [2009] IEHC 289 (23 June 2009)

Offences under s. 12 of the Criminal Law Act 1976 are hybrid offences, and the right to elect for trial on indictment does not vest in the accused when the prosecutor opts for summary trial. There is no automatic right to disclosure in summary trials; it is at the discretion of the District Judge.

Citation
[2009] IEHC 289
Parties
Prosecutor: Troy Cremin; Accused: Garda Michael Dineen
Jurisdiction
Ireland
Judgment Date
23 June 2009
Procedural Posture
Case Stated / High Court Determination on Questions of Law From District Court
Outcome
Questions answered in the negative; accused has no right of election or automatic right to disclosure.
Legal Topics
Hybrid Offences, Right of Election, Summary Trial, Disclosure Obligations
Criminal Law Criminal Procedure Hybrid Offences Right of Election Summary Trial Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Troy Cremin

Prosecutor

Garda Michael Dineen

Accused

Procedural Posture

Case Stated / High Court Determination on Questions of Law From District Court

Legal Issues

  1. 1 Whether the accused is entitled to elect for trial on indictment for an offence under s. 12 of the Criminal Law Act 1976
  2. 2 Whether the accused is entitled to advance notice of the material evidence in support of the summonses

Ratio Decidendi

Offences under s. 12 of the Criminal Law Act 1976 are hybrid offences, and the right to elect for trial on indictment does not vest in the accused when the prosecutor opts for summary trial. There is no automatic right to disclosure in summary trials; it is at the discretion of the District Judge.

Court Disposition

Questions answered in the negative; accused has no right of election or automatic right to disclosure.

Orders

  • Question 1 (right to elect for trial on indictment): No
  • Question 2 (right to advance notice/disclosure): No