DPP -v- Timothy (Ted) Cunningham [2012] IECCA 64 (11 May 2012)

DPP -v- Timothy (Ted) Cunningham [2012] IECCA 64 (11 May 2012)

The conviction was not final as the appeal was still extant. The declaration of unconstitutionality in Damache applies to unconcluded cases. The evidence obtained under the invalid s.29(1) warrant was inadmissible, rendering the conviction unsafe. The appellant is entitled to the benefit of the Damache ruling.

Citation
[2012] IECCA 64
Parties
Prosecutor/respondent: Director of Public Prosecutions; Appellant: Timothy (Ted) Cunningham
Jurisdiction
Ireland
Judgment Date
11 May 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
conviction quashed, direct re-trial ordered
Legal Topics
Money Laundering, Search Warrants, Constitutional Invalidity, Retrospective Application of Constitutional Rulings
Criminal Law Constitutional Law Money Laundering Search Warrants Constitutional Invalidity Retrospective Application of Constitutional Rulings

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Timothy (Ted) Cunningham

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant can rely on the Supreme Court's declaration of unconstitutionality of s.29(1) of the Offences Against the State Act, 1939 to invalidate his conviction
  2. 2 Whether the conviction is final for the purposes of retrospective application of constitutional rulings
  3. 3 Whether evidence obtained under an unconstitutional warrant is admissible

Ratio Decidendi

The conviction was not final as the appeal was still extant. The declaration of unconstitutionality in Damache applies to unconcluded cases. The evidence obtained under the invalid s.29(1) warrant was inadmissible, rendering the conviction unsafe. The appellant is entitled to the benefit of the Damache ruling.

Court Disposition

conviction quashed, direct re-trial ordered

Orders

  • Conviction quashed
  • Direct re-trial ordered