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McCarthy (Cain) v Chief Constable of PSNI

Judgment Cited authorities 14 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
JudgeHer Honour Judge Smyth
Judgment Date2015
Neutral Citation[2015] NICty 3
CourtCounty Court (Northern Ireland)
Date08 September 2015
1
Neutral Citation No. [2015] NICty 3
Ref:
2015NICty3
Judgment: approved by the Court for handing down
Delivered:
08/09/2015
(subject to editorial corrections)*
IN THE COUNTY COURT FOR THE DIVISION OF BELFAST
Cain McCarthy
(Appellant)
v
Chief Constable of PSNI
(Respondent)
Her Honour Judge P Smyth
Introduction
1. This is an appeal from the decision of District Judge McNally refusing the
appellant’s application for the return of his property, namely a quantity of
tablets identified as so-called legal highs, seized by the PSNI on 17 January
2014.
2. The issues for determination are:
(1) whether the court has a discretion to refuse an order for the return of
the appellant's property
and if so,
(2) Whether that discretion should be exercised in the respondent's favour.
The facts

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