Director of Public Prosecutions -v- Doyle [2017] IESC 1 (18 January 2017)

Director of Public Prosecutions -v- Doyle [2017] IESC 1 (18 January 2017)

The appellant's constitutional right of access to legal advice was satisfied by consultations with his solicitor before and during the key interview. There is no constitutional or Convention right to have a solicitor present during interrogation in these circumstances. The confession was voluntary and admissible. The Damache decision does not apply retrospectively to this case. The trial judge's findings on threats or inducements were supported by the evidence and should not be disturbed on appeal.

Citation
[2017] IESC 1
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: Barry Doyle
Jurisdiction
Ireland
Judgment Date
18 January 2017
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Court of Appeal
Outcome
appeal dismissed
Legal Topics
Right of Access to Legal Advice, Presence of Solicitor During Interrogation, Admissibility of Confession, Exclusionary Rule, Fair Trial Rights, Application of New Constitutional Interpretations, Effect of Threats or Inducements on Confessions
Criminal Law Constitutional Law Evidence Law Right of Access to Legal Advice Presence of Solicitor During Interrogation Admissibility of Confession Exclusionary Rule Fair Trial Rights +2 more

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Barry Doyle

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to have a solicitor present during Garda interview 15
  2. 2 Whether the appellant can rely on the Supreme Court decision in DPP v. Damache on appeal
  3. 3 Whether threats or inducements were made to the appellant and if their effect had dissipated by the time of the confession

Ratio Decidendi

The appellant's constitutional right of access to legal advice was satisfied by consultations with his solicitor before and during the key interview. There is no constitutional or Convention right to have a solicitor present during interrogation in these circumstances. The confession was voluntary and admissible. The Damache decision does not apply retrospectively to this case. The trial judge's findings on threats or inducements were supported by the evidence and should not be disturbed on appeal.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The conviction and sentence are affirmed.