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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the caution given under inference provisions is sufficient to render interviews admissible for offences other than the arrest offence
- 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
Full Case Text
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