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Court of Appeal dismisses appeal of conviction for murder, on the grounds that the trial judge was correct to admit into evidence information acquired on foot of gaining access to a dwelling near the crime scene where the appellant was in situ and there was CCTV footage relevant to the incident, since this was not the appellant’s usual or regular place of residence and there was no breach of his constitutional rights.
Criminal law – murder conviction appeal – s. 4 of the Criminal Justice Act 1964 – whether the trial judge erred in law and in fact in allowing into evidence any information which is acquired by the gardaí on foot of their gaining unlawful access to a premises near the crime scene where there was CCTV – whether the trial judge erred in law and in fact in disregarding the totality of the evidence that the co-accused, Paul Colbert, was inebriated and thus incapable of giving informed permission to enter the premises – whether the trial judge erred in law and in fact in allowing into evidence any information or items of evidence which were recovered by the gardaí as the direct result of the breach of the constitutional rights of the appellant in gaining assess to the house and gaining assess to the appellant’s room in the house – inviolability of a person’s home – no breach of the constitutional rights of the appellant, or, indeed, of Mr. Colbert in the context of Art. 40.5 of the Constitution – appeal dismissed
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