Attorney General v Beirne
| Jurisdiction | Ireland |
| Judgment Date | 12 January 1943 |
| Date | 12 January 1943 |
| Court | High Court |
Case Stated under Summary Jurisdiction Act, 1857 - Prosecution in District Court - Jurisdiction of District Justice to try case challenged - Conviction - Case State on question of jurisdiction - Whether questions of jurisdiction may be made the subject of a Case Stated - Summary Jurisdiction Act, 1857 (20 21 Vict. c. 43), s. 2 - Offences against the Person Act, 1861 (24 25 Vict. c. 100), ss. 38, 42 -Summary Jurisdiction (Ir.) Act, 1862 (25 26 Vict. c. 50), ss. 9, 10,
B. was charged in the District Court with unlawfully assaulting, resisting or wilfully obstructing R., a peace officer, in the execution of his duty. At the hearing, the jurisdiction of the District Justice to determine the ease was challenged on two grounds, viz.: 1, that the offence disclosed in the summons was a misdemeanour triable on indictment, and 2, that it had not been proved in evidence that R. had authorised any one to bring proceedings against B., nor did the summons set out on its face that R. had declined to prosecute. The District Justice convicted B.of assault, but stated a Case for the...
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