Dutton v. D.P.P. [1998] IESC 10 (14th July, 1998)

Dutton v. D.P.P. [1998] IESC 10 (14th July, 1998)

There was no justification for stopping the trial as the inability to examine the car did not prejudice the appellant's right to a fair trial, and the application for judicial review was an abuse of process.

Citation
[1998] IESC 10
Parties
Appellant: Ian Dutton; Respondent: The State
Jurisdiction
Ireland
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Refusing Application to Stop Trial
Outcome
appeal dismissed
Legal Topics
Fair Trial, Abuse of Process, Admissibility of Evidence, Delay in Prosecution
Criminal Law Judicial Review Fair Trial Abuse of Process Admissibility of Evidence Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Ian Dutton

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Refusing Application to Stop Trial

Legal Issues

  1. 1 Whether the appellant was deprived of a fair trial due to inability to examine the motor car involved in the alleged offences
  2. 2 Whether judicial review is appropriate to stop a criminal trial on such grounds

Ratio Decidendi

There was no justification for stopping the trial as the inability to examine the car did not prejudice the appellant's right to a fair trial, and the application for judicial review was an abuse of process.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.