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The High Court quashed a conviction and sentence imposed by the District Court for a minor public order offence, after finding the applicant had been denied a fair trial due to having her case heard immediately upon arrest, without sufficient time to prepare a defence or seek legal representation. The court declined to remit the matter for a rehearing, noting the breach of fair procedures was fundamental, that the prosecution was not free from blame for failing to intervene, and that the applicant had already endured enough. The court also rejected the applicant's request for compensatory damages, finding that such an award was not warranted in these circumstances. Costs were awarded to the applicant, with final determination adjourned for submissions.
judicial review – order of certiorari – District Court – public order offence – fair trial rights – breach of constitutional justice – remittal for rehearing – compensatory damages – Rules of the Superior Courts (RSC) – costs – criminal procedure – District Court jurisdiction – autrefois convict – Criminal Justice (Public Order) Act 1994 – Bunreacht na hÉireann (Constitution of Ireland) – procedural fairness
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