Director of Public Prosecutions -v- Bolger [2015] IECCA 4 (24 July 2015)

Director of Public Prosecutions -v- Bolger [2015] IECCA 4 (24 July 2015)

The points of law raised do not meet the statutory criteria of exceptional public importance or public interest, nor do they have widespread application in the subject area; therefore, the certificate for leave to appeal is refused.

Citation
[2015] IECCA 4
Parties
Prosecutor/respondent: The People (Director of Public Prosecutions); Applicant: Liam Bolger
Jurisdiction
Ireland
Judgment Date
24 July 2015
Procedural Posture
Criminal Appeal / Application for Certificate of Leave to Appeal to Supreme Court
Outcome
application refused
Legal Topics
Adverse Inference Provisions, Right to Silence, Leave to Appeal, Jury Instructions, Public Interest Criteria

Case Brief

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Parties

The People (Director of Public Prosecutions)

Prosecutor/respondent

Liam Bolger

Applicant

Procedural Posture

Criminal Appeal / Application for Certificate of Leave to Appeal to Supreme Court

  1. 1 Whether the caution given under inference provisions is sufficient to render interviews admissible for offences other than the arrest offence
  2. 2 Whether a trial judge must instruct the jury to give appropriate weight to legal advice when accused maintains silence based on such advice

Ratio Decidendi

The points of law raised do not meet the statutory criteria of exceptional public importance or public interest, nor do they have widespread application in the subject area; therefore, the certificate for leave to appeal is refused.

Court Disposition

application refused

Orders

  • Refuse Section 29 certificate of leave to appeal to the Supreme Court