Director of Public Prosecutions -v- Devlin [2017] IECA 201 (06 July 2017)

Director of Public Prosecutions -v- Devlin [2017] IECA 201 (06 July 2017)

The Court found that the urgency created by the discovery of a car bomb justified the issuance of the warrant by a Garda officer, the officer was independent of the investigation, statutory requirements for DNA sample collection were met, and circumstantial evidence sufficiently established possession and knowledge...

Source-derived case information.

Citation
[2017] IECA 201
Parties
Respondent: Director of Public Prosecutions; Appellant: Samuel Devlin
Jurisdiction
Ireland
Judgment Date
06 July 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Search Warrants, DNA Evidence, Possession of Explosives, Circumstantial Evidence, Admissibility of Evidence
Criminal Law Search Warrants DNA Evidence Possession of Explosives Circumstantial Evidence Admissibility of Evidence

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Parties

Director of Public Prosecutions

Respondent

Samuel Devlin

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 validity of s.29 search warrant
  2. 2 admissibility of DNA evidence
  3. 3 sufficiency of evidence for possession and knowledge of explosives

Ratio Decidendi

The Court found that the urgency created by the discovery of a car bomb justified the issuance of the warrant by a Garda officer, the officer was independent of the investigation, statutory requirements for DNA sample collection were met, and circumstantial evidence sufficiently established possession and knowledge of explosives by the appellant.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed