Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal dismisses appeal against a conviction for criminal damage arising after the appellant broke a pane of glass while seeking re-payment of a debt due to him, on the grounds that: a) the search warrant was lawfully authorised and acted upon; b) the arrest of the appellant was lawful, and there was no evidence of recklessness or gross negligence on the part of the gardaí in their decision to conduct an arrest pursuant to a statutory provision which did not exist or was not applicable; and c) the trial judge's decision to admit into evidence the typed up memorandum of interview (where the original was missing) did not prejudice the appellant.
Criminal law – appeal against conviction for criminal damage contrary to s. 2 of the Criminal Damage Act 1991 – appellant broke a pane of glass while seeking re-payment of a debt due to him – search warrant – s. 29 of the Offences Against the State Act 1939 – whether the appellant's arrest was unlawful – the arrest of the appellant – Walsh on Criminal Procedure, 2nd edition – no evidence of recklessness or gross negligence on the part of the gardaí in their decision to conduct an arrest pursuant to a statutory provision which did not exist or was not applicable – interview memorandum – no prejudice arose in relation to the appellant in the particular circumstances where the original of the interview memorandum was missing – appeal dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now