Key cases

Below is a list of key cases in the Criminal Liability/Advanced Criminal Law 1

module.
The cases should not come as a surprise to you – they are the cases that have been
emphasised and discussed in detail during the trimester.
This list is not an invitation to disregard the other cases discussed in the module
(obviously other cases will also be relevant to questions on the exam) – its purpose
is to highlight those cases that you should read in full (in the Law Reports –
what a novelty!).
Any of these cases could easily have a question devoted solely to them in the exam.
You need to be very familiar with (i) the facts of the case, (ii) the rule or rules of law
we derive from the case and (iii) the reasoning the judge or judges engage in in the
case.

What do we mean when we say you need to discuss and analyse the reasoning in a
case?

Explain why the judge or judges decided as they did, by doing the following -

What legal authorities/precedents (NOT ‘precedence’) did they refer to?

What factors did they refer to?
What examples did they give?
What influenced their decision, and where is the evidence in the judgment for this?
Did one factor influence their decision more than others or did they appear to give
equal weight to a number of considerations?
Do you agree with their reasoning? Do you prefer the reasoning of one judge in a
case over another? If there is a dissent is it more persuasive than the majority
position or not? Why?

Remember to discuss cases in the past tense (‘Hardiman J stated’ not ‘Hardiman J
states’)
The more relevant detail you provide, the higher the grade.
Provide the facts of cases briefly! Most of the marks are for an explanation and
analysis of the reasoning.
The Cases
People (DPP) v Joel [2016] 2 IR 363 (for causation and omissions)

People (DPP) v Davis [2001] 1 IR 146

Dunne v DPP [2017] 3 IR 1

People (DPP) v O’Loughlin [2018] IECA 25 [Westlaw IE]

People (DPP) v O’Loughlin [2021] IECA 107 [Westlaw IE]

People (DPP) v Murray [1977] IR 360

R v Caldwell [1982] 1 All ER 961

R v G [2004] 1 AC 1034

Maguire v Shannon Regional Fisheries Board [1994] 3 IR 580

Shannon Regional Fisheries Board v Cavan County Council [1996] 3 IR 267

Reilly v Judge Patwell [2008] IEHC 446

Minister for the Environment v Leneghan [2009] IEHC 226

CC v Ireland [2006] 4 IR 1

People (AG) v Dunleavy [1948] IR 95

The People (AG) v Crosbie and Meehan [1966] IR 490