DPP v Judge Devins & anor [2012] IESC 7 (08 February 2012)

DPP v Judge Devins & anor [2012] IESC 7 (08 February 2012)

The offence of buggery was a common law offence, not a statutory one. It was abolished in 1993 without transitional provisions for prosecution of prior acts. The Interpretation (Amendment) Act 1997 cannot retrospectively revive the offence for prosecution, as this would breach constitutional due process. Therefore, the appellant cannot be prosecuted for buggery allegedly committed before 1993.

Citation
[2012] IESC 7
Parties
Applicant/respondent: Director of Public Prosecutions; Respondent: Judge Mary Devins; Notice Party/appellant: M. O'M.
Jurisdiction
Ireland
Judgment Date
08 February 2012
Procedural Posture
Appeal (judicial Review) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order varied
Legal Topics
Abolition of Offences, Retrospective Criminal Liability, Transitional Provisions, Common Law Vs Statutory Offences, Due Process, Interpretation of Criminal Statutes
Criminal Law Constitutional Law Statutory Interpretation Abolition of Offences Retrospective Criminal Liability Transitional Provisions Common Law Vs Statutory Offences Due Process +1 more

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Parties

Director of Public Prosecutions

Applicant/respondent

Judge Mary Devins

Respondent

M. O'M.

Notice Party/appellant

Procedural Posture

Appeal (judicial Review) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether buggery was a statutory or common law offence prior to its abolition in 1993
  2. 2 Whether prosecution for buggery alleged to have occurred before 1993 is permissible after the offence was abolished and in light of subsequent legislation

Ratio Decidendi

The offence of buggery was a common law offence, not a statutory one. It was abolished in 1993 without transitional provisions for prosecution of prior acts. The Interpretation (Amendment) Act 1997 cannot retrospectively revive the offence for prosecution, as this would breach constitutional due process. Therefore, the appellant cannot be prosecuted for buggery allegedly committed before 1993.

Court Disposition

Appeal allowed; High Court order varied

Orders

  • Declaration that the offence of buggery was a common law offence and was abolished in 1993
  • Prosecution for buggery alleged to have occurred before 1993 is not permissible