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High Court, by way of consultative case stated from the District Court in a prosecution for the obstruction of a Garda in the taking of a forensic sample, determines that: a) a prisoner could not be said to have obstructed the taking of a buccal (cheek) sample where the Garda had not attempted to take the sample, by using reasonable force if necessary, and the detainee had obstinately and deliberately refused to provide the requested sample; but b) that the District Court had been correct to convict the appellant where his obstinate refusal was coupled with behaviour where he maintained his head down and arms folded which made it more difficult for the Gardaí to carry out their duties.
Criminal law – consultative case stated – section 2 of the Summary Jurisdiction Act 1857 as extended by section 51 of the Courts (Supplemental Provisions Act 1961) – obstruction of the taking of a forensic sample contrary to s.2 (9) of the Criminal Justice (Forensic Evidence) Act, 1990 – whether or not the behaviour of the appellant amounted to obstruction – valid authorisation to take a buccal swab was made – obstruction differs from noncooperation – combined effect of the obstinate and deliberate refusal to allow the swab to be taken coupled with the appellant maintaining his head down and arms folded amounted to behaviour which made it more difficult for the Police to carry out their duties – Heffernan and Ní Raifeartaigh, Evidence in Criminal Trials (Dublin, 2014) – District judge was entitled to convict.
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.
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