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DPP v Barnes and DPP v Nally

  • 19-11-2010 9:06am
    #1
    Lockstep
    Registered Users, Registered Users 2 Posts: 9,031 ✭✭✭


    Came across DPP v Barnes (2006) and DPP v Nally (2006) in lecture notes but my textbook is older than the cases.

    Nally is easy enough to find out in the news but I'm finding it hard to get a run through of Barnes. Anyone able to give me a summary? Don't need an essay or anything but a quick run through would be excellent.

    Any thoughts on Nally would also be appreciated.


Comments

  • #2
    hession.law
    Registered Users, Registered Users 2 Posts: 108 ✭✭hession.law


    here is the full judgment if you want to go through it http://www.courts.ie/__80256F2B00356A6B.nsf/0/ADED5C6B04F391478025725D00516C14?Open&Highlight=0,barnes,~language_en~


  • #3
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,556 Mod ✭✭✭✭johnnyskeleton


    In Barnes, two yoofs were burglarisin' a house and were confronted by the elderly homeowner. He came upon them and, they claimed, started to attack them to get them out of his house. They fought back with him and as a result he suffered fatal injuries. They argued that they were defending themselves against him. The CCA held that they were not exercising self defence because the act of entering someone else's home as a burglar was an agressive act and it was the homeowner who was defending himself from them.

    Also, it's inappropriate for a trial judge to comment on whether counsel are wearing wigs or not, but as in that case it never happened before the jury it was ok.


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