McDonagh -v- Governor of Mountjoy Prison [2015] IECA 71 (20 March 2015)

McDonagh -v- Governor of Mountjoy Prison [2015] IECA 71 (20 March 2015)

The Court should exercise its discretion to hear the appeal, even if moot, due to the systemic relevance and likelihood of recurrence of defective warrant issues in criminal cases, and the short duration of custodial sentences which may otherwise escape review.

Citation
[2015] IECA 71
Parties
Applicant/respondent: Patrick Joseph McDonagh; Defendant/respondent: Governor of Mountjoy Prison
Jurisdiction
Ireland
Judgment Date
20 March 2015
Procedural Posture
Appeal / Preliminary Determination on Mootness
Outcome
Court will proceed to hear the merits of the appeal; appeal not dismissed as moot.
Legal Topics
Mootness, Detention, Defective Warrants, Article 40 Applications
Constitutional Law Criminal Law Procedural Law Mootness Detention Defective Warrants Article 40 Applications

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Parties

Patrick Joseph McDonagh

Applicant/respondent

Governor of Mountjoy Prison

Defendant/respondent

Procedural Posture

Appeal / Preliminary Determination on Mootness

Legal Issues

  1. 1 Whether the appeal is moot due to expiry of sentence
  2. 2 Whether the Court should exercise discretion to hear a moot appeal
  3. 3 Effect of defective detention warrant on legality of detention

Ratio Decidendi

The Court should exercise its discretion to hear the appeal, even if moot, due to the systemic relevance and likelihood of recurrence of defective warrant issues in criminal cases, and the short duration of custodial sentences which may otherwise escape review.

Court Disposition

Court will proceed to hear the merits of the appeal; appeal not dismissed as moot.

Orders

  • Court to entertain the appeal against the High Court decision
  • Court to proceed to hear the merits of the appeal