Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Assault prosecution to proceed despite delay and loss of youth protections
|
or click here to request site subscription to search and view all judgments |
High Court determines that despite blameworthy prosecutorial delay, the public interest in adjudicating serious assault allegations outweighs the prejudice suffered by the defendant due to the loss of anonymity and other protections under statute, in circumstances where the defendant, charged with assault causing harm and the production of an article during a dispute, had "aged out" of the youth protections due to the delay.
Prosecutorial delay - assault causing harm - Children Act 2001 - loss of anonymity - "aging out" - juvenile protections - balancing exercise - public interest - serious offences - prejudice to defendant - Non-Fatal Offences against the Person Act 1997 - Firearms and Offensive Weapons Act 1990 - Garda Diversion Programme - blameworthy delay - reporting restrictions - summary disposal - sentencing principles - expunging of convictions (expungement)
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.
