Facts: The applicant, a Chinese national, had been found in a premises in Dublin which had been turned into a cannabis growhouse. He was charged with various drugs offences under the Misuse of Drugs Act 1977, as amended. He pleaded guilty to one offence and was in custody, awaiting trial, on the others. He claimed that his detention was unlawful … Read More
Lin v Governor of Cloverhill Prison and Others
| Respondent/Defendant: | Governor of Cloverhill Prison, Ireland, the Attorney General and the Director of Public Prosecutions |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 214 |
| Nature of Proceedings: | Article 40.4; Detention |
| Judgment Date/s: | 23 Apr 2014 |
| Judge: | Hogan J |
| Category: | Trafficking |
| Keywords: | Trafficking, Trafficking in Human Beings |
| Country of Origin: | China |
| URL: | https://www.courts.ie/acc/alfresco/05d7a70c-fcb3-41f2-a099-03293d2c4ab2/2014_IEHC_214_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Article 8 of Directive 2011/36/EU on preventing and combating human trafficking and protecting its victims permits prosecuting authorities not to prosecute the victims of trafficking where the crimes for their involvement in criminal activities which they have been compelled to commit as a direct consequence of their exploitation by traffickers, as particularised in Article 2 of the Directive. Where the objective evidence suggests that a person relying on Article 8 has not been trafficked, the Article has no applicability to him or her. |