Deaton v The Attorney General and the Revenue Commissioners
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1964 |
| Court | Supreme Court |
| Year | 1963 |
| Date | 1963 |
(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 FreeUnlock 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
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
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
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
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
Start Your 7-day Trial
132 cases
-
Mohammad Faizal bin Sabtu v PP
...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
... & 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
...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
...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.
...(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
...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
...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
...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