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Criminal law [2008] IESC 61

G. E. -v- DPP

G. E. -v- DPP [2008] IESC 61 (30 October 2008)

The Supreme Court restrained a rape prosecution where it replaced a lesser sexual offence charge without new evidence, holding the change breached fair procedures.

  • Prosecutorial discretion
  • Fair procedures
  • Abuse of process
  • Substitution of charges
  • Prosecutorial-discretion
  • Fair-procedures
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Criminal law [2003] IEHC 614

D.P.P v. Cash

D.P.P v. Cash [2003] IEHC 614 (7 March 2003)

The High Court held that the Director of Public Prosecutions could substitute a summary charge for an indictable one, even on the same facts, absent mala fide.

  • Prosecutorial discretion
  • Right to jury trial
  • Substitution of charges
  • Fair procedures
  • Prosecutorial-discretion
  • Right-to-jury-trial
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Criminal law [2003] IEHC 135

D.P.P. (at the suit of Conlon) v. Cash

D.P.P. (at the suit of Conlon) v. Cash [2003] IEHC 135 (7 March 2003)

The High Court held that the DPP could substitute a summary charge for an indictable burglary charge, and answer the consultative case stated in the affirmative.

  • Prosecutorial discretion
  • Right to jury trial
  • Substitution of charges
  • Fair procedures
  • Prosecutorial-discretion
  • Right-to-jury-trial
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