Adrian Hardiman - Key Judgments

Key Judgments

Hardiman has written a number of important judgments since joining the Court. He has also presided (as does each Supreme Court judge on a rotating basis) over the Court of Criminal Appeal. The following is a selection of judgments delivered by Mr Justice Hardiman, in reverse chronological order:

2007

• O'Callaghan -v- Judge Mahon: dissent; holding that Tribunal of Inquiry should be prevented from further inquiring into the applicants; cites R -v- Lynch (1829) - the Doneraile Conspiracy case - in which by skilful cross-examination Daniel O'Connell secured acquittals on capital charges; concluded that the contrary approach "would represent a very marked coarsening of our standards of procedural fairness."
• Shortt -v- The Commissioner of An Garda Síochána: one of two judgments, in which the Court more than doubled (€1.9m to €4.7m) the damages granted to a man wrongfully imprisoned for over two years after two members of an Garda Síochána concocted evidence against him
• P.H. -v- D.P.P.

2006

• D.P.P. -v- Anthony Barnes: discusses and restates the criminal law of self-defence in the case of burglary
• McK. -v- Homan
• N -v- Health Service Executive: one of five judgments given by the Court; this case concerned the circumstances in which a parent may exercise the right provided for in Irish law to rescind initial consent to adoption.
• A. -v- The Governor of Arbour Hill Prison: one of five judgments; the case concerned a "collateral" challenge by a prisoner to the lawfulness of his detention following the judgment in C.C. -v- Ireland (see immediately below).
• C.C. -v- Ireland: striking down as unconstitutional part of the law on statutory rape, due to the absence in any circumstances of a defence of honest mistake as to age.

2005

• O'Callaghan -v- The Hon. Mr. Justice Mahon

2003

• Gough -v- Neary
• Lobe -v- Minister for Justice, Equality and Law Reform: one of seven judgments in a case concerning whether the State could deport the parents of Irish citizens who were still minors; the Court by a majority (5-2) dismissed the appeal and allowed the deportation of the family.

2002

• Dunne -v- D.P.P.: one of a series of cases, beginning with Braddish v D.P.P., in which the Court considered the contours of the Garda Síochána's duty to seek out and preserve evidence relevant to a criminal trial.
• Ardagh -v-. Maguire: this case concerned the procedures to be applied by a parliamentary inquiry into an incident in which an Garda Síochána shot dead a civilian, John Carthy.