Deaton v The Attorney General and the Revenue Commissioners

JurisdictionIreland
Judgment Date01 January 1964
CourtSupreme Court
Year1963
Date1963
(S.C.)
Deaton
and
Attorney General and Others

Revenue Commissioners -Penalty - Power of Commissioners to elect - Validity - Customs (Consolidation) Act, 1876, s. 186.

Section 186 of the Customs (Consolidation) Act, 1876, which confers on the Revenue Commissioners power to elect which of the two penalties there prescribed the Court is to impose for a customs offence, is repugnant to the Constitution to the extent that the said power is an integral part of the administration of justice, and, as such...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
132 cases
  • Mohammad Faizal bin Sabtu v PP
    • Singapore
    • High Court (Singapore)
    • 10 August 2012
    ...the punishment to be imposed in a particular case8 (citing Hinds, Reginald Deaton v The Attorney General and the Revenue Commissioners [1963] IR 170 (“Deaton”), Mohammed Muktar Ali v The Queen [1992] 2 AC 93 (“Muktar Ali”) and Kok Wah Kuan). While the Legislature may prescribe the jurisdict......
  • Gilligan v Ireland and Others
    • Ireland
    • Supreme Court
    • 14 October 2013
    ... & AG 1965 IR 217 EAST DONEGAL CO- OPERATIVE LIVESTOCK MART LTD & ORS v AG 1970 IR 317 DEATON v AG & REVENUE CMRS 1963 IR 170 1964 98 ILTR 99 O' DELL LEADING CASES OF THE TWENTIETH CENTURY 2000 196 CUSTOMS CONSOLIDATION ACT 1876 S186 SHEERIN , STAT......
  • P.C. v Minister for Social Protection, Ireland
    • Ireland
    • Supreme Court
    • 27 July 2017
    ...I.R. 713). 50 The issue in this case, however, more directly arises from Deaton v. The Attorney General & The Revenue Commissioners [1963] I.R. 170, where this Court addressed the role of the executive in selecting penalties within a prescribed range. As pointed out in the judgment of this......
  • Goodman International v Hamilton
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...or innocence of persons charged with offences against the State itself. Lynham v. Butler [1933] I.R. 74 and Deaton v. Attorney General[1963] I.R. 170applied. 5. That the terms of reference did not interfere with the administration of justice in civil matters since any findings of facts made......
  • Get Started for Free
7 books & journal articles
  • Mandatory sentencing for people smuggling: issues of law and policy.
    • Australia
    • Melbourne University Law Review Vol. 36 No. 2, August 2012
    • 1 August 2012
    ...(Lord Diplock for Lords Diplock, Simon and Edmund-Davies), quoting the statements of the Supreme Court of Ireland in Deaton v A-G (UK) [1963] IR 170, 182-3 (O Dalaigh CJ). See also Browne v The Queen [2000] 1 AC 45 (where a provision stipulating that juvenile sentences are subject to execut......
  • Administrative and Constitutional Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2004, December 2004
    • 1 December 2004
    ...being in force’. Borrowing the reasoning of the Supreme Court of Ireland in Deaton v The Attorney General and the Revenue Commissioners[1963] IR 170 at 182, a distinction was drawn between a prescribed fixed penalty (which as a general rule was characteristic of legislation) and the selecti......
  • The privy council: the mandatory death penalty is inhuman and degrading treatment
    • Barbados
    • Caribbean Law Review No. 16-1, June 2006
    • 1 June 2006
    ...Ibid paras 31-32, 34. 24 Ibid, para 35 . 25 Hinds v The Queen [1971] AC 195. 26 Deaton v Attorney-General and the Revenue Commissioners [1963] IR 170. violate the principle of separation of powers. 27 The Board noted that the Advisory Committee established by the 1963 and 1969 Constitutions......
  • A comparison of article 6 of the european convention on human rights and the due process requirements of the constitution of ireland
    • Ireland
    • Irish Judicial Studies Journal No. 2-4, July 2004
    • 1 July 2004
    ...constitutional rights should be reviewed by 21 [1986] I.R. 362 (H.C. & S.C.). 22 [1984] I.R. 151 (S.C.). 23[1973] I.R. 140 (S.C.). 24[1963] I.R. 170 25 [1985] I.R. 458 (H.C.). Judicial Studies Institute Journal 2004] 45 A Comparison of Article 6 of European Convention on Human Rights and th......
  • Get Started for Free

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT