| Wyatt v. McLoughlin [1974] I.R. 378 |
Assessment of correspondence of offences by factual components rather than legal names. |
Applied to determine correspondence of offences between U.S. and Irish law. |
| Hanlon v. Fleming [1981] I.R. 489 |
Factual components of offence must be considered in their entirety or near entirety for correspondence. |
Guided the Court's approach to double criminality assessment. |
| Attorney General v. Dyer [2004] IESC 1 |
Clarified principles for correspondence and importance of factual ingredients. |
Confirmed that factual components determine correspondence over legal labels. |
| Attorney General v. Hilton [2005] 2 IR 374 |
Test for correspondence is whether alleged acts constitute an offence under Irish law. |
Supported the Court's analysis of alleged terrorist offences. |
| Minister for Justice, Equality and Law Reform v. Ward [2008] IEHC 53 |
Assessment of correspondence and extraterritorial jurisdiction. |
Illustrated approach to extraterritorial offences and correspondence. |
| R. (Al-Fawwaz) v. Governor of Brixton Prison [2002] 1 AC 556 |
Principles for transposing facts in extradition cases for correspondence assessment. |
Adopted to interpret factual basis of offences alleged. |
| Minister for Justice, Equality and Law Reform v. Dolny [2009] IESC 48 |
Requirement to read extradition warrant as a whole to determine correspondence. |
Applied when considering the sufficiency of factual allegations. |
| Attorney General v. Parke [2004] IESC 100 |
Role of the Court in enquiring into correspondence of offences. |
Supported the Court's enquiry approach. |
| Attorney General v. Burns [2004] IESC 99 |
Rule of specialty and limits on prosecution for offences other than those extradited for. |
Distinguished as specific to its facts; not precedential here. |
| Attorney General v. Russell [2006] IEHC 164 |
Rule of specialty and sentencing for uncharged or acquitted conduct. |
Followed to reject specialty objection based on sentencing guidelines. |
| Minister for Justice, Equality and Law Reform v. Brennan [2007] IESC 24 |
Test for flagrant denial of justice in extradition cases. |
Applied as the standard for assessing fair trial rights objections. |
| Minister for Justice Equality and Law Reform v. Rettinger [2010] IESC 45 |
Test for real risk of inhuman or degrading treatment to prohibit surrender. |
Applied to assess risk of breaches of fundamental rights. |
| Vinter and Others v. United Kingdom [2013] ECHR 645 |
Irreducible life sentences breach Article 3 ECHR; requirement for review mechanisms. |
Considered in relation to the Respondent’s claim of a de facto life sentence. |
| Trabelsi v. Belgium [2014] ECHR |
Ex ante assessment of irreducibility of sentence and violation of Article 3 ECHR. |
Applied to assess irreducibility claim of Respondent’s likely sentence. |
| R. (B) v. Secretary of State for the Home Department [2014] 1 WLR 4188 |
Conditions for valid plea bargain under Article 6 ECHR. |
Referenced in relation to plea bargaining voluntariness and judicial review. |
| Babar Ahmad & Ors v. United Kingdom [2012] ECHR 609 |
Assessment of solitary confinement under Article 3 ECHR; procedural safeguards. |
Considered in evaluating conditions at the ADX and risk of inhuman treatment. |
| Dumbrell v. Governor of Castlerea Prison [2010] IEHC 276 |
Constitutional limits on solitary confinement and inhuman treatment under Irish law. |
Applied in assessing constitutional rights regarding solitary confinement. |
| Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 |
Solitary confinement and constitutional right to bodily and psychological integrity. |
Referenced regarding limits on solitary confinement duration and proportionality. |
| McDonnell v. Governor of Wheatfield Prison [2015] IEHC 112 |
Solitary confinement breaches constitutional rights if prolonged and disproportionate. |
Applied to support the conclusion on ADX conditions. |
| People (DPP) v. Gormley [2014] IESC 17 |
Use of international jurisprudence in interpreting constitutional rights. |
Supported the approach to fundamental rights protection. |
| State (C) v. Frawley [1976] 1 I.R. 365 |
Protection from torture and inhuman or degrading treatment under the Constitution. |
Confirmed constitutional protection independent of ECHR. |
| Ramirez Sanchez v. France [2006] ECHR |
Article 3 ECHR standards on inhuman and degrading treatment. |
Applied to assess conditions of detention. |
| Ireland v. United Kingdom [1978] ECHR 1 |
Minimum level of severity for treatment to violate Article 3 ECHR. |
Guided assessment of severity of solitary confinement. |
| State (McCormack) v. Curran [1987] I.L.R.M. 225 |
Priority of prosecution in jurisdiction where offence committed. |
Considered in forum and prosecution issues. |
| Criminal Proceedings against Maria Pupino (Case C-105/03) [2005] E.C.R. I-5283 |
Interpretation of EU Framework Decisions and cooperation obligations. |
Applied in interpreting DPP’s cooperation obligations under terrorism legislation. |
| US v. Booker 543 U.S. 220 (2005) |
Sentencing Guidelines advisory, not mandatory, preserving judicial discretion. |
Referenced in sentencing analysis. |
| US v. Goff 501 F.3d 250 (3d Cir. 2007) |
Requirement for sentencing courts to consider seriousness and avoid unwarranted disparities. |
Referenced in sentencing procedure evidence. |
| US v. Tomko 562 F.3d 558 (3rd Cir. 2009) |
Sentencing review requires consideration of totality of circumstances. |
Referenced in sentencing procedure evidence. |
| US v. Abu Ali 528 F.3d 210 (4th Cir. 2008) |
Sentencing enhancement and appellate review in terrorism cases. |
Referenced in evidence on sentencing practices. |
| US v. Lynne Stewart 590 F.3d 93 (2nd Cir. 2009) |
Sentencing in terrorism cases and elimination of distinction between inchoate and completed crimes. |
Referenced in sentencing procedure evidence. |
| US v. Jones 574 U.S. 1 (2014) |
Permissibility of considering acquitted conduct in sentencing. |
Referenced in sentencing procedure evidence. |
| Attorney General v. Piotrowski [2014] IEHC 540 |
Application of Rettinger principles in extradition context. |
Followed in assessing risk of inhuman treatment. |
| Minister for Justice and Equality v. Ostrowski [2013] IESC 24 |
Consideration of proportionality in extradition decisions involving fundamental rights. |
Referenced in submissions on forum and proportionality. |
| J. McD. v. P.L. & Anor. [2009] IESC 81 |
Requirement to interpret ECHR rights consistently with Strasbourg jurisprudence. |
Referenced in limiting development of rights beyond ECtHR case law. |
| State (Abenglen Properties Ltd.) v. Corporation of Dublin [1984] I.R. 381 |
Discretionary nature of judicial review remedies. |
Referenced in consideration of judicial review orders. |
| Minister for Justice and Equality v. Hamilton [2008] 1 IR 60 |
Detail required in European Arrest Warrants and extradition requests. |
Referenced in assessing sufficiency of extradition request details. |
| Minister for Justice and Equality v. Desjatnikovs [2009] 1 IR 618 |
Requirement for factual description in warrants for informing accused and rule of specialty. |
Referenced in assessing extradition request sufficiency. |
| Minister for Justice v. Stafford [2009] IESC 83 |
Requirement for factual particulars to assess double criminality. |
Referenced in assessing sufficiency of extradition documents. |
| Attorney General v. Murphy [2010] IEHC 342 |
Plea bargaining system in U.S. federal courts and extradition objections. |
Distinguished based on facts; referenced in plea bargaining analysis. |
| R. v. Bieber [2008] EWCA Crim 1601 |
Interpretation of irreducible life sentences under Article 3 ECHR. |
Referenced in submissions on irreducibility of sentence. |
| R. (Wellington) v. Secretary of State for the Home Department [2008] UKHL 72 |
Analysis of whole life sentences and Article 3 ECHR. |
Referenced in submissions on irreducible sentences. |
| United States v. Booker 543 U.S. 220 (2005) |
Sentencing Guidelines advisory status and judicial discretion. |
Referenced in sentencing procedure evidence. |
| United States v. Fisher 502 F.3d 293 (3d Cir. 2007) |
Standard of proof for uncharged/acquitted conduct at sentencing. |
Referenced in sentencing procedure evidence. |
| United States v. Villareal-Amarillas 562 F.3d 892 (8th Cir. 2009) |
Standard of proof for uncharged/acquitted conduct at sentencing. |
Referenced in sentencing procedure evidence. |
| United States v. Gibbs 190 F.3d 188 (3d Cir. 1999) |
Definition of relevant conduct for sentencing enhancements. |
Referenced in sentencing procedure evidence. |
| United States v. Scott 434 Fed. Appx. 155 (3d Cir. 2011) |
Relevant conduct includes foreseeable acts of co-conspirators. |
Referenced in sentencing procedure evidence. |
| United States v. Egbert 562 F.3d 1092 (10th Cir. 2009) |
Relevant conduct includes foreseeable acts of co-conspirators. |
Referenced in sentencing procedure evidence. |
| United States v. Seiler 348 F.3d 265 (D.C. Cir. 2003) |
Relevant conduct attribution in sentencing. |
Referenced in sentencing procedure evidence. |
| United States v. Yousef 327 F.3d 56 (2d Cir. 2003) |
Challenges to SAMs and related evidence in terrorism prosecutions. |
Referenced in plea bargaining and SAMs evidence. |
| United States v. Usama bin Laden (El-Hage) 213 F.3d 74 (2d Cir. 2000) |
Challenges to SAMs and related evidence in terrorism prosecutions. |
Referenced in plea bargaining and SAMs evidence. |
| United States v. Abu Ali 528 F.3d 210 (4th Cir. 2008) |
Challenges to SAMs and related evidence in terrorism prosecutions. |
Referenced in plea bargaining and SAMs evidence. |
| United States v. Reid 214 F. Supp.2d 84 (D. Mass. 2002) |
Exception in SAMs application regarding defense counsel. |
Referenced in plea bargaining and SAMs evidence. |
| Attorney General v. Garland [2012] IEHC 90 |
Interpretation of "offence committed in the State" for extradition bar. |
Applied to find offences alleged were committed in Ireland. |
| State (McCormack) v. Curran [1987] I.L.R.M. 225 |
Priority of prosecution in jurisdiction where offence committed. |
Referenced in judicial review forum considerations. |
| State (C) v. Frawley [1976] 1 I.R. 365 |
Constitutional protection from torture and inhuman or degrading treatment. |
Referenced in constitutional rights analysis. |
| Devoy v. Governor of Portlaoise Prison [2009] IEHC 288 |
Solitary confinement and human dignity under Irish constitutional law. |
Referenced in constitutional rights analysis. |
| Connolly v. Governor of Wheatfield Prison [2013] IEHC 334 |
Solitary confinement and constitutional protection of the person. |
Referenced in constitutional rights analysis. |
| Killeen v. Governor of Portlaoise Prison [2014] IEHC 77 |
Segregation and proportionality under Irish constitutional law. |
Referenced in constitutional rights analysis. |
| McDonnell v. Governor of Wheatfield Prison [2015] IEHC 112 |
Solitary confinement and constitutional breach for prolonged detention. |
Referenced in constitutional rights analysis. |
| People (DPP) v. Gormley [2014] IESC 17 |
Use of international law and jurisprudence in constitutional interpretation. |
Referenced in constitutional rights analysis. |
| Ramirez Sanchez v. France [2006] ECHR |
Article 3 ECHR and solitary confinement standards. |
Referenced in human rights analysis. |
| Babar Ahmad & Ors v. United Kingdom [2012] ECHR 609 |
Article 3 ECHR and procedural safeguards in solitary confinement. |
Referenced in human rights analysis. |
| Messina v. Italy (No. 2) [2000] ECHR |
Prohibition of total sensory deprivation under Article 3 ECHR. |
Referenced in human rights analysis. |
| Ireland v. United Kingdom [1978] ECHR 1 |
Minimum severity threshold for Article 3 ECHR violations. |
Referenced in human rights analysis. |
| Ramirez Sanchez v. France [2006] ECHR |
Elements of inhuman and degrading treatment under Article 3 ECHR. |
Referenced in human rights analysis. |
| People (DPP) v. Kenny [1990] 2 I.R. 110 |
Exclusion of evidence obtained by unconstitutional searches. |
Referenced in judicial review evidence context. |