Courts / Ireland / Report
"Cottage industry" of lawyers challenging alleged vagueness in criminal law, High Court judge says
Summary
Patrick McNamee, who has 164 prior convictions, was charged with being unlawfully at large for breaching a condition of temporary release from Mountjoy Prison that he be of good behaviour. Six days after his release in December 2015, Gardaí alleged he was seen trespassing on residential property. McNamee's lawyers argued that the charge was too vague and uncertain to be tried, claiming it could encompass anything from poor table manners to spitting in public. The High Court refused leave to bring judicial review proceedings in May. In the Court of Appeal, counsel Patrick McGrath SC presented the argument that the charge effectively meant not being of good behaviour, specifically an attempt to commit burglary. The three‑judge panel, including Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Edwards, reserved its judgement.
Who, what, where, when and why
What: Report matter: "Cottage industry" of lawyers challenging alleged vagueness in criminal law, High Court judge says. Charges or matters: being unlawfully at large, by way of breaching a condition of temporary release from Mountjoy Prison that he be of good behaviour. Procedural stage: appeal
When:
- December 2015 Incident
- 2017-06-20 Publication
Why: " Mr Justice Humphries said a "firm approach" must be taken to these application because "this cottage industry is based on a false premise". CNI source report
Case subjects
Accused
Charges: being unlawfully at large, by way of breaching a condition of temporary release from Mountjoy Prison that he be of good behaviour (Alleged Or Contested)
Places mentioned
- High Court
- The High Court
- Court of Appeal
- Mountjoy Prison
Topics
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