Director of Public Prosecutions -v- Bennett [2016] IEHC 685 (30 November 2016)

Director of Public Prosecutions -v- Bennett [2016] IEHC 685 (30 November 2016)

A sit down political protest obstructing a vehicle for twenty seconds, even if peaceful and non-violent, is not capable of lawful authority or reasonable excuse under s.9 Criminal Justice (Public Order) Act 1994 in circumstances involving heightened security and sensitivity, and where the defendant did not voluntarily desist when directed by Gardaí.

Citation
[2016] IEHC 685
Parties
Prosecutor: Director of Public Prosecutions (Garda Adrian Coffey); Defendant: Steven Bennett
Jurisdiction
Ireland
Judgment Date
30 November 2016
Procedural Posture
Appeal by Way of Case Stated / High Court Determination of Legal Question
Outcome
Appeal dismissed; question answered in the negative
Legal Topics
Public Order Offences, Freedom of Assembly, Freedom of Expression, Reasonable Excuse Defence
Criminal Law Constitutional Law Human Rights Law Public Order Offences Freedom of Assembly Freedom of Expression Reasonable Excuse Defence

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Parties

Director of Public Prosecutions (Garda Adrian Coffey)

Prosecutor

Steven Bennett

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court Determination of Legal Question

Legal Issues

  1. 1 Whether a sit down political protest obstructing a vehicle for twenty seconds constitutes an act capable of lawful authority or reasonable excuse under s.9 Criminal Justice (Public Order) Act 1994

Ratio Decidendi

A sit down political protest obstructing a vehicle for twenty seconds, even if peaceful and non-violent, is not capable of lawful authority or reasonable excuse under s.9 Criminal Justice (Public Order) Act 1994 in circumstances involving heightened security and sensitivity, and where the defendant did not voluntarily desist when directed by Gardaí.

Court Disposition

Appeal dismissed; question answered in the negative

Orders

  • The High Court answers the certified question in the negative: such an act is not capable of lawful authority or reasonable excuse under the circumstances.