Willis & ors -v- Governor of Wheatfield Prison & ors [2015] IEHC 251 (24 April 2015)

Willis & ors -v- Governor of Wheatfield Prison & ors [2015] IEHC 251 (24 April 2015)

The applicants are not entitled to release under Article 40 because their convictions had reached finality, they had pleaded guilty without challenging the constitutionality of the law at trial or on appeal, and they do not fall within the exceptions to the rule against retrospective invalidation of convictions as set out in A v. Governor of Arbour Hill Prison. The Bederev decision does not operate retrospectively to invalidate their convictions or render their detention unlawful.

Citation
[2015] IEHC 251
Parties
Applicant: Keith Willis; Applicant: Anthony Murphy; Applicant: Joseph Carberry; Respondent: Governor of Wheatfield Prison; Respondent: Governor of Mountjoy Prison (The Training Unit); Respondent: Governor of Mountjoy Prison
Jurisdiction
Ireland
Judgment Date
24 April 2015
Procedural Posture
Article 40.4.2 Constitutional Habeas Corpus Application / High Court Judgment
Outcome
Applications refused
Legal Topics
Retrospective Effect of Declarations of Unconstitutionality, Habeas Corpus, Delegation of Legislative Power, Controlled Drugs Legislation, Finality of Criminal Convictions
Constitutional Law Criminal Law Retrospective Effect of Declarations of Unconstitutionality Habeas Corpus Delegation of Legislative Power Controlled Drugs Legislation Finality of Criminal Convictions

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Parties

Keith Willis

Applicant

Anthony Murphy

Applicant

Joseph Carberry

Applicant

Governor of Wheatfield Prison

Respondent

Governor of Mountjoy Prison (The Training Unit)

Respondent

Governor of Mountjoy Prison

Respondent

Procedural Posture

Article 40.4.2 Constitutional Habeas Corpus Application / High Court Judgment

Legal Issues

  1. 1 Whether detention under convictions based on regulations declared unconstitutional is lawful
  2. 2 Whether applicants fall within exceptions to the general rule against retrospective invalidation of convictions
  3. 3 Effect of guilty pleas on entitlement to relief under Article 40

Ratio Decidendi

The applicants are not entitled to release under Article 40 because their convictions had reached finality, they had pleaded guilty without challenging the constitutionality of the law at trial or on appeal, and they do not fall within the exceptions to the rule against retrospective invalidation of convictions as set out in A v. Governor of Arbour Hill Prison. The Bederev decision does not operate retrospectively to invalidate their convictions or render their detention unlawful.

Court Disposition

Applications refused