Carpenter v Kirby

JurisdictionIreland
JudgeMr. Justice Barr
Judgment Date29 January 1990
Neutral Citation1990 WJSC-HC 197
Docket NumberJR. 289/1989.
CourtHigh Court
Date29 January 1990

1990 WJSC-HC 197

THE HIGH COURT

(JUDICIAL REVIEW)

JR. 289/1989.
CARPENTER v. KIRBY

BETWEEN

DEREK CARPENTER
APPLICANT

AND

DISTRICT JUSTICE BRIAN KIRBY AND THE DIRECTOR OF PUBLICPROSECUTIONS
RESPONDENTS

Citations:

CRIMINAL PROCEDURE ACT 1967 S8

DISTRICT COURT DISTRICTS (DUBLIN) (AMDT) ORDER 1982 SI 88/1982 ART 2(a)

Synopsis:

CRIMINAL LAW

Charge

Defect - Withdrawal - New charge - Propriety - District Court - First charge struck out by District Justice - Natural justice - Fair procedures - Same incident being the basis of each charge - Intention to have the defendant returned for trial on indictment - The order made by the respondent District Justice was valid - (1989/289 JR - Barr J. - 29/1/90) - [1990] ILRM 764

|Carpenter v. Kirby|

NATURAL JUSTICE

Fair procedures

District Court - Charge - Withdrawal - New charge - Propriety - First charge struck out by District Justice - Same incident being the basis of each charge - Intention to have the defendant returned for trial on indictment - (1989/289 JR - Barr J. - 29/1/90) - [1990] ILRM 764

|Carpenter v. Kirby|

1

Judgment of Mr. Justice Barrdelivered the 29th day of January, 1990.

2

On 2nd January, 1989 the applicant was charged with a firearms offence as set out in Blanchardstown charge sheet No. 118 in which the place where the offence is alleged to have been committed was stated to be "at Mulhuddard Dublin 15". It was not specifically stated that that place is in the Dublin Metropolitan District. The applicant was duly brought beforethe learned first respondent sitting as a Justice of the Dublin Metropolitan District and the matter was adjourned on several occasions. In due course instructions were obtained from the Director of Public Prosections who indicated that he was not willing to consent to the charge being dealt with summarily in the District Court save on a plea of guilty. The applicant did not wish to take that course and so he was remanded from time to time pending preparation and service of a "Book of Evidence". It appears that after the Book was prepared it was adverted to by the Director that the usual formula "in the Dublin Metropolitan District" had been omitted from charge sheet No. 118 and he decided that it would be unsafe to proceed with a complaint based on the charge sheet in question and that the better course would to be re-charge the applicant. Accordingly, when the matter was again before the court on 6th June, 1989 the perceived...

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