unlawfully obtained evidence

Question 1

dpp v o brien [1965]

Answer 1

delibrate and conscious test devised, search warrant contained error on street name, no Q of deliberate alteration so evidence was admitted

Question 2

what leads to excluding evidence

Answer 2

evidence obtained in breach of constitutional rights

Question 3

dpp v shaw and dpp v healy

Answer 3

in shaw the SC held that it had to be a deliberate violation in order for it to breach a persons rights (state of mind of actor not act itself)
in healy the SC held that it was the act itself that breached the accuseds rights not the state of mind of actor

Question 4

dpp v shaw and dpp v healy

Answer 4

in shaw the SC held that it had to be a deliberate violation in order for it to breach a persons rights (state of mind of actor not act itself)
in healy the SC held that it was the act itself that breached the accuseds rights not the state of mind of actor

Question 5

dpp v kenny [1990]

Answer 5

set precedent of breach of rights was when act was committed not state of mind of actor,

Question 6

dpp v jc [2015]

Answer 6

overturned precedent from kenny, held that the state of mind of the actor. only if the garda had no idea of the warrant being invalid would evidence be admitted. a more inclusionary manner accepted - GOOD FAITH EXCEPTION

Question 7

what is article 40.5

Answer 7

right to inviolability of the dwelling - the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law

Question 8

what act does the powers of detention come under

Answer 8

section 30 of the offences against the state act 1939 (as amended)

Question 9

what is article 40.4.1

Answer 9

the right to liberty - breached if evidence is obtained (aka confession) after expiry of lawful period of detention(without consent to extend)

Question 10

what is the exclusionary rule

Answer 10

stemmed from the constitution - any evidence obtained in violation of a persons rights shall be excluded from court proceedings