Gardaí did not enjoy common law power to enter dwelling to effect an arrest for breach of the peace

Case stated – criminal law – appeared in the District Court in respect of two offences - resisting and obstructing a peace officer - assault contrary to s. 2 of the Non-Fatal Offences Against The Person Act, 1997 – facts as found by the District Judge – close of the prosecution application made that the defendant had no case to answer - submitted that the gardaí had no right under common law to enter the defendant’s apartment home to effect an arrest for breach of the peace - constitutional right to the inviolability of his dwelling – District Judge held that the Gardaí had a common law power to enter the defendant’s apartment to effect an arrest for the offence of breach of the peace contrary to common law - convicted the defendant on the obstruction charge – questions stated to the High Court – whether the gardaí enjoy a common law power to enter the dwelling of the defendant to effect an arrest for the offence of breach of the peace, contrary to common law – whether the District Judge correct in holding that the defendant had a case to answer in relation to the obstruction charge - No attempt was made to retrospectively validate the entry on the basis that the gardaí could have lawfully entered the defendant’s dwelling under statutory powers to arrest - relevant statutory provision is s. 6 of the Criminal Law Act, 1997 - would have been impermissible - Save where life is in imminent danger, in which case other constitutional rights are engaged, the restrictions on the rights/guarantees enshrined in Article 40.5 are those set out in statute - Gardaí did not enjoy a common law power to enter the dwelling of the defendant to effect an arrest for the offence of breach of the peace - District Judge incorrect in holding that the defendant had a case to answer in relation to the obstruction charge