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GAZETTE
APRIL 1983
The People v. Pringle, McCann
and O'Shea
Recent developments in Criminal Law
Part 1
by
Eamonn G. Hall, B.A., LL.B., H.D.E., Solicitor
F
RESH ground has been broken by the courts in the
Criminal Law Field. However, in some cases, it is
more a question of old ground being rediscovered. The
developments generally have mostly Taken place in the
procedural field. These developments have been linked
with the impact of the Constitution on the powers of the
Gardai to arrest and interrogate suspects and the rights of
accused persons in custody.
There was
The People
v.
Shaw
1
on the law governing
detention of suspects and the rule in
The People (AG)
v.
O'Brien
2
which excludes evidence obtained in deliberate
and conscious violation of an accused person's
constitutional rights save in exceptional circumstances.
There was
The Director of Public Prosecutions
v.
Lynch.
3
In this case, the suspect had volunteered to go to a
garda station but as he had not been at liberty to leave the
station, his detention was held to be illegal and
unconstitutional under Article 40 by the time any
admission was made.
The procedure of a trial within the trial was raised in the
Lynch
case. Certain conflicts of evidence relating to facts
concerning an illegal detention or breach of constitutional
rights can be decided by the jury.
There is also the right of a person in custody to be
attended by a legal adviser —
In (Re Article 26 of the
Constitution and the Emergency Powers Bill 1976)
4
The People (Director of Public Prosecutions)
v.
Madden
& Ors
5
and
The State (Harrington)
v.
The Commissioner
of the Garda Síochána.
6
This article reviews the decision of the Court of
Criminal Appeal in the case of
The People (at the suit of
the Director of Public Prosecutions)
v.
Pringle, McCann
and O'Shea.
1
Many matters of importance including
recent developments in the law were considered in the one
hundred and thirty three page judgment of the Court of
Criminal Appeal.
The judgment of the Court was delivered by the Chief
Justice. The nature of the offence of capital murder was
considered. Admissions of accused persons had been
contested. The law relating to admissions was considered.
Submissions to the effect that the accused persons were in
illegal custody were discussed. The question of the extent
of the right of a person in custody to a legal adviser was
also considered. Certain of the Judges' Rules were also
considered.
Facts of DPP V. Pringle, McCann and O'Shea
The facts which emerged in evidence at the trial and
which were referred to in the judgment of the Court of
Criminal Appeal may be summarised.
On 7th July 1980 — just before 3 o'clock p.m. the Bank
of Ireland premises in Main Street, Ballaghaderreen were
raided. The raid was carried out by three armed and
masked men who arrived in a blue Cortina car. Two of the
men held the customers and officials of the Bank at
gunpoint. A shot was fired into the ceiling. One of the
raiders took a large sum of bank notes from the
strongroom.
The gunman outside was armed with a shotgun. Passers
by were threatened. A Garda patrol car with two Gardai
arrived. One of the Gardai was in uniform. The Gardai
were ordered from the car by the gunman. The gunman
held the gun barrel close to the head .of the uniformed
Garda.
The raiders then made off with guns pointing through
the windows. The blue Cortina car was seen driving
towards a white Cortina car which was parked along a
road.
Meanwhile following an alert, a Garda patrol car was
sent from Castlerea. Three garda officers in uniform and
the late Detective Garda Morley who was armed and in
civilian attire were in the car. The white car collided with
the Garda car. The masked occupants of the white car
emerged. Shots were fired. Garda Hugh Byrne and Det.
Garda Morley were killed. The gunmen escaped. The
money that had earlier been stolen was found in the white
Cortina car.
Pringle, McCann and O'Shea were subsequently
arrested and charged. The Accused were convicted of
capital murder and bank robbery in the Special Criminal
Court. Applications for leave to appeal were considered
by the Court of Criminal Appeal. The question which
arose in the appeal in relation to these Appellants was
whether these convictions were justified.
Capital Murder
The judgment of the Court of Criminal Appeal dealt
first with matters common to all the Appellants and then
gave a separate determination in relation to each appeal.
The Court of Criminal Appeal referred to the decision
of the Supreme Court in
The People (at suit ofthe D P.P)
v. Murray
8
. In that case, the Supreme Court pointed out
that the effect of the Criminal Justice Act 1964 was to
create a new statutory offence which required proof in
relation to each of its constituent elements of mens rea
The Court set out the constituent elements of mens rea
as:-
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