D.P.P.-v- Michael Boyce [2005] IECCA 143 (21 December 2005)

D.P.P.-v- Michael Boyce [2005] IECCA 143 (21 December 2005)

The Criminal Justice (Forensic Evidence) Act, 1990 did not abolish the Gardaí's ability to accept and use voluntarily provided forensic samples from persons in custody. The blood sample in this case was given voluntarily and lawfully, and its use for DNA evidence was admissible. The trial judge correctly ruled on admissibility as a matter of law, and there was no error in not allowing the jury to consider the factual issue of caution regarding the blood sample. The applicant's grounds of appeal failed.

Citation
[2005] IECCA 143
Parties
Prosecutor: Director of Public Prosecutions; Applicant: Michael Boyce
Jurisdiction
Ireland
Judgment Date
21 December 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction
Outcome
leave to appeal refused
Legal Topics
Admissibility of DNA Evidence, Voluntariness of Consent, Application of Criminal Justice (forensic Evidence) Act 1990, Right Against Self Incrimination, Jury Directions, Fair Trial Rights
Criminal Law Evidence Law Constitutional Law Admissibility of DNA Evidence Voluntariness of Consent Application of Criminal Justice (forensic Evidence) Act 1990 Right Against Self Incrimination Jury Directions +1 more

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Parties

Director of Public Prosecutions

Prosecutor

Michael Boyce

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether DNA evidence obtained from a voluntarily given blood sample in custody is admissible if not taken under the procedures of the Criminal Justice (Forensic Evidence) Act, 1990
  2. 2 Whether the Act of 1990 abolished the Gardaí's ability to accept voluntary forensic samples from persons in custody
  3. 3 Whether the trial judge erred in not allowing the jury to consider the factual issue of caution and voluntariness regarding the blood sample

Ratio Decidendi

The Criminal Justice (Forensic Evidence) Act, 1990 did not abolish the Gardaí's ability to accept and use voluntarily provided forensic samples from persons in custody. The blood sample in this case was given voluntarily and lawfully, and its use for DNA evidence was admissible. The trial judge correctly ruled on admissibility as a matter of law, and there was no error in not allowing the jury to consider the factual issue of caution regarding the blood sample. The applicant's grounds of appeal failed.

Court Disposition

leave to appeal refused