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 |
High Court a) finds fitness to plead procedures unconstitutional, and b) grants a declaration that it would be unconstitutional for the Circuit Court to impose a sentence greater than the maximum sentence in the District Court, in the event that the applicant were found fit to plead in the Circuit Court and subsequently pleaded guilty.
Judicial review - charge of sexual assault - s. 2, Criminal Law (Rape) (Amendment) Act 1990 - fitness to plead - issue to be determined by Circuit Court - whether District Court had jurisdiction to determine matter - s. 4(3)(a) and s. 4(4)(a), Criminal Law (Insanity) Act 2006 - consequences for applicant - obligation on District Court to return applicant to Circuit Court to determine fitness to plead - consequence for applicant on what might otherwise be deemed a summary offence - whether an unconstitutional discrimination on a person whose mental capacity was in doubt - whether constitutional challenge premature - mootness - whether Circuit Court in such circumstances might lawfully impose a greater sentence than in District Court - Article 40(1) - whether Oireachtas had violated the constitutional command of equality before the law - available remedies - whether court might grant a declaration to remedy a legislative omission.
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