McNulty -v- Ireland & Ors [2013] IEHC 357 (31 May 2013)

McNulty -v- Ireland & Ors [2013] IEHC 357 (31 May 2013)

Section 41(3) of the Criminal Justice Act, 1999 does not create a conclusive presumption nor shift the legal burden of proof; it merely allows the court to draw inferences from proven facts, with the prosecution retaining the obligation to prove all elements of the offence beyond reasonable doubt. The provision is not unconstitutional under Article 38 of the Constitution nor incompatible with Article 6 of the ECHR.

Citation
[2013] IEHC 357
Parties
Plaintiff: Sam McNulty; Respondents: Ireland and the Attorney General; Notice Party: Director of Public Prosecutions; Notice Party: Irish Human Rights Commission
Jurisdiction
Ireland
Judgment Date
31 May 2013
Procedural Posture
Constitutional and Statutory Challenge / High Court Judgment
Outcome
Reliefs refused; challenge dismissed.
Legal Topics
Presumption of Innocence, Burden of Proof, Statutory Interpretation, Compatibility With ECHR, Mens Rea, Evidential Presumptions
Criminal Law Constitutional Law Human Rights Law Presumption of Innocence Burden of Proof Statutory Interpretation Compatibility With ECHR Mens Rea +1 more

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Parties

Sam McNulty

Plaintiff

Ireland and the Attorney General

Respondents

Director of Public Prosecutions

Notice Party

Irish Human Rights Commission

Notice Party

Procedural Posture

Constitutional and Statutory Challenge / High Court Judgment

Legal Issues

  1. 1 Whether s. 41 and s. 41(3) of the Criminal Justice Act, 1999 are unconstitutional under Article 38 of Bunreacht na hÉireann
  2. 2 Whether s. 41 and s. 41(3) of the Criminal Justice Act, 1999 are incompatible with Article 6 of the European Convention on Human Rights
  3. 3 Whether s. 41(3) impermissibly shifts the burden of proof or undermines the presumption of innocence

Ratio Decidendi

Section 41(3) of the Criminal Justice Act, 1999 does not create a conclusive presumption nor shift the legal burden of proof; it merely allows the court to draw inferences from proven facts, with the prosecution retaining the obligation to prove all elements of the offence beyond reasonable doubt. The provision is not unconstitutional under Article 38 of the Constitution nor incompatible with Article 6 of the ECHR.

Court Disposition

Reliefs refused; challenge dismissed.

Orders

  • Refusal of declarations of invalidity under Article 38 of the Constitution and incompatibility under Article 6 ECHR
  • Refusal of damages and injunctive relief