Director of Public Prosecutions v O Brien [2020] IEHC 110 (06 February 2020)

Director of Public Prosecutions v O Brien [2020] IEHC 110 (06 February 2020)

Gardaí do not have a common law power to enter a dwelling to effect an arrest for breach of the peace; such entry must be justified under statute, specifically s. 6 of the Criminal Law Act, 1997, which was not relied upon in this case. Therefore, the District Judge was incorrect in holding the defendant had a case to answer for obstruction.

Citation
[2020] IEHC 110
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Sergeant Grace O’Connell); Defendant: Philip O’Brien
Jurisdiction
Ireland
Judgment Date
06 February 2020
Procedural Posture
Case Stated (appeal) / High Court Judgment on Case Stated From District Court
Outcome
District Court decision overturned; case stated answered in favour of the defendant.
Legal Topics
Power of Entry, Arrest, Breach of the Peace, Inviolability of Dwelling, Obstruction of Police
Criminal Law Constitutional Law Power of Entry Arrest Breach of the Peace Inviolability of Dwelling Obstruction of Police

Case Brief

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Parties

Director of Public Prosecutions (at the suit of Sergeant Grace O’Connell)

Prosecutor

Philip O’Brien

Defendant

Procedural Posture

Case Stated (appeal) / High Court Judgment on Case Stated From District Court

Legal Issues

  1. 1 Whether gardaí have a common law power to enter a dwelling to effect an arrest for breach of the peace
  2. 2 Whether the District Judge was correct in holding the defendant had a case to answer for obstruction

Ratio Decidendi

Gardaí do not have a common law power to enter a dwelling to effect an arrest for breach of the peace; such entry must be justified under statute, specifically s. 6 of the Criminal Law Act, 1997, which was not relied upon in this case. Therefore, the District Judge was incorrect in holding the defendant had a case to answer for obstruction.

Court Disposition

District Court decision overturned; case stated answered in favour of the defendant.

Orders

  • Held that gardaí did not have a common law power to enter a dwelling to effect an arrest for breach of the peace.
  • Held that the District Judge was not correct in holding the defendant had a case to answer in relation to the obstruction charge.