Dental Board v O'Callaghan

JurisdictionIreland
Judgment Date31 January 1969
Date31 January 1969
Docket Number[1968. No. 321 SS.]
CourtHigh Court
(H.C.)
Dental Board
and
O'Callaghan

Agent provocateur -Corroboration - Whether agent provocateur must be treated as an accomplice - Dentists Act, 1928 (No. 25 of 1928), ss. 45, 47.

The complainant Board was authorised by s. 47 of the Dentists Act, 1928, to prosecute persons for offences under that Act. At the hearing in the District Court of a complaint that the defendant had practised dentistry contrary to the provisions of s. 45 of the Act of 1928, the only evidence in support of the charge was given by one of the Board's inspectors who, being authorised by the Board to do so, had invited the services of the defendant without revealing to him that the inspector was engaged in an investigation on behalf of the Board to detect contraventions of the Act of 1928. The District Justice, being of opinion that the inspector had acted as an accomplice in the commission of the alleged offence and that in law the evidence of an accomplice must be regarded as unreliable unless corroborated, dismissed the complaint but stated a Case for the opinion of the High Court on the question whether he was correct in law in so doing. Held by Butler J. in remitting the Case 1, that, even if the inspector must be regarded as having been an accomplice in the commission of the alleged offence, the evidence of the inspector should not have been rejected merely because there had not been any corroborative evidence; the relevant tribunal, while bearing in mind the danger of convicting on the uncorroborated evidence of an accomplice, may so convict where the circumstances are such as to satisfy...

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12 cases
  • McKenna v Deery
    • Ireland
    • Supreme Court
    • 1 Enero 1998
    ...& LOTTERIES ACT 1956 S4(1)(c) MURPHY V GREENE 1991 ILRM 404 O'DOWD V NORTH WESTERN HEALTH BOARD 1983 ILRM 186 DENTAL BOARD V O'CALLAGHAN 1969 IR 181 MCHALE V DEVALLY & DUBLIN CO COUNCIL UNREP LARDNER 20.5.1993 EX-TEMPORE TOTE INVESTORS V SMOKER 1967 3 AER 242 R V ANDERSON 1985 2 AER 961 ......
  • DPP v Gilligan (No 2)
    • Ireland
    • Supreme Court
    • 10 Julio 2006
  • DPP v Brian Meehan
    • Ireland
    • Court of Criminal Appeal
    • 24 Julio 2006
    ...AC 1001 CRIMINAL JUSTICE ACT 1965 (UK) CIVIL EVIDENCE ACT 1965 (UK) POLICE & CRIMINAL EVIDENCE ACT 1984 (UK) DENTAL BOARD v O'CALLAGHAN 1969 IR 181 DPP v HESTER 1973 AC 296 CRIMINAL JUSTICE (EVIDENCE) ACT 1924 R v SHEEHAN 1826 JEBB CC 54 MCGRATH EVIDENCE 2005 141 DAVIES v DPP 1954 1 AER 50......
  • DPP v O'Reilly
    • Ireland
    • Court of Appeal (Ireland)
    • 20 Marzo 2017
    ...time again that the warning need not be given in any particular form of words, the decision of Butler J. in Dental Board v. O'Callaghan [1969] I.R. 181 is nevertheless useful in setting out its essential constituents. In that case he said: “The rule is that the tribunal of fact, be it Distr......
  • Request a trial to view additional results

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