The State (Murphy) & Ors v. Plunkett [1984] IEHC 79 (23 February 1984)

The State (Murphy) & Ors v. Plunkett [1984] IEHC 79 (23 February 1984)

The court held that the detention was not in accordance with the required legal procedures and was therefore unlawful.

Citation
[1984] IEHC 79
Parties
Applicant: Murphy & Ors; Respondent: Plunkett
Jurisdiction
Ireland
Judgment Date
23 February 1984
Procedural Posture
Judicial Review / High Court Decision
Outcome
application granted
Legal Topics
Habeas Corpus, Detention, Judicial Review
Criminal Law Constitutional Law Habeas Corpus Detention Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Murphy & Ors

Applicant

Plunkett

Respondent

Procedural Posture

Judicial Review / High Court Decision

Legal Issues

  1. 1 Whether the detention of the applicants was lawful
  2. 2 Whether the procedures followed were in accordance with constitutional and statutory requirements

Ratio Decidendi

The court held that the detention was not in accordance with the required legal procedures and was therefore unlawful.

Court Disposition

application granted

Orders

  • Applicants to be released from detention