Brennan v O'Brien
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1969 |
| Date | 01 January 1969 |
| Court | Supreme Court |
Case Stated -Defendant requesting Case Stated to the High Court - Case Stated in defendant's favour -Defendant deprived of his costs by High Court.
The complainant charged the defendant with two offences in the District Court under the Fisheries Act, 1925. The defendant raised legal objection to the charges to which the District Justice refused to accede, and he convicted and fined the defendant. The defendant thereupon requested a Case Stated for the opinion of the High Court, which the District Justice stated accordingly. It was held by the High Court that the charges could not be sustained, but the court made no order as to costs. On appeal it was held by the Supreme Court that such an order as to costs was discretionary but that there must be some evidence on which the discretion must...
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