O'Donnell v Hegarty
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1942 |
| Date | 01 January 1942 |
| Court | High Court |
Autrefois acquit - Criminal trial - Acquittal - Affiliation proceedings.
Defendant was charged in the Circuit Court under s. 2 of the Criminal Law Amendment Act, 1935, with having had unlawful carnal knowledge of the applicant, a girl over the age of 15 years and under the age of 17 years, and was acquitted. Only one act of intercourse was alleged by the prosecution. Subsequently the applicant brought affiliation proceedings against the defendant. In reply to a notice for particulars, the applicant's solicitor stated that the applicant intended to rely on the same act as was alleged in the criminal trial and on no other. When the application came before the District Court, defendant's solicitor raised the point that the subject-matter of the proceedings was res judicata and the defendant was entitled to rely on the plea of autrefois acquit. He submitted, alternatively, that in the special circumstances of the case, the acquittal on the criminal charge acted as an estoppel in favour of the defendant in any subsequent proceedings. Having...
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