Re Article 40.4.2 of the Constitution: Brien Applicant [2015] IEHC 753 (01 December 2015)

Re Article 40.4.2 of the Constitution: Brien Applicant [2015] IEHC 753 (01 December 2015)

The applicant, being in post-conviction detention with no facial invalidity in his conviction or sentence, and having failed to raise the alleged unconstitutionality of the Juries Act 1976 at trial or on appeal, cannot invoke habeas corpus under Article 40.4.2 to challenge his detention. His remedies lie elsewhere and statutory finality has been reached.

Citation
[2015] IEHC 753
Parties
Applicant: Liam Brien
Jurisdiction
Ireland
Judgment Date
01 December 2015
Procedural Posture
Habeas Corpus Application / Judgment on Application
Outcome
Application dismissed
Legal Topics
Habeas Corpus, Post Conviction Detention, Unconstitutionality of Statute, Jury Composition, Jurisdictional Challenge
Constitutional Law Criminal Law Habeas Corpus Post Conviction Detention Unconstitutionality of Statute Jury Composition Jurisdictional Challenge

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Parties

Liam Brien

Applicant

Procedural Posture

Habeas Corpus Application / Judgment on Application

Legal Issues

  1. 1 Whether habeas corpus is available to challenge post-conviction detention where no facial invalidity exists in the conviction or sentence
  2. 2 Whether alleged unconstitutionality of the Juries Act 1976 renders the applicant's detention unlawful
  3. 3 Whether failure to appeal bail refusal or delay in appeal entitles applicant to habeas corpus relief

Ratio Decidendi

The applicant, being in post-conviction detention with no facial invalidity in his conviction or sentence, and having failed to raise the alleged unconstitutionality of the Juries Act 1976 at trial or on appeal, cannot invoke habeas corpus under Article 40.4.2 to challenge his detention. His remedies lie elsewhere and statutory finality has been reached.

Court Disposition

Application dismissed

Orders

  • Relief under Article 40.4.2 of the Constitution declined