DPP v District Justice Macklin

JurisdictionIreland
Judgment Date01 January 1989
Date01 January 1989
CourtHigh Court
(H.C.)
Director of Public Prosecutions
and
District Justice Macklin

- District Court - Convictions and orders - Plea of guilty to various summonses - District Justice finding accused guilty on one count only and taking the others into consideration in imposing the penalty -D.P.P. applying for judicial review - Such application not made promptly - Whether time limit be extended - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 84, r. 21 (1).

On 20 March, 1987, Ellen Whelehan (the first named notice party) and James Whelehan (the second named notice party), were charged in the District Court with nine offences contary to s. 24 (4) of the Finance Act, 1956 (No. 22 of 1956) and five offences contrary to s. 76 (9) of the Finance Act, 1984 (No. 9 of 1984) respectively. The notice parties pleaded guilty to the offences as charged. They submitted to the District Court that it was open to the District Justice to find them guilty on one summons each and, in imposing the penalty, to take into consideration their admissions of guilt to the other charges. The applicant objected to this procedure and submitted, on the authority of DPP v. Scott GreyIRUNK [1986] I.R. 317 that the District Justice coould not so proceed. The District Justice acceded to the notice parties' application and found each of them guilty on one summons only. On 9 September, 1987, Johnson J. granted leave to the applicant to apply for orders of certiorari in respect of the convictions and orders made against the first and second named notice parties, and an order of mandamus directing the District...

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3 cases
  • DPP v Judge Constantine O'Leary, Kieran Corkery and Others
    • Ireland
    • High Court
    • 6 Diciembre 2007
    ...48 FARRELLY v JUDGE DEVALLY UNREP MORRIS 19.7.1996 1997/ /953 1996 IEHC 5 LENNON v CLIFFORD 1992 1 IR 382 1993 ILRM 77 DPP v MACKLIN 1989 ILRM 113 DPP v KELLY 1997 1 IR 405 MIN JUSTICE v GARDENER UNREP PEART 6.2.2007 2007 IEHC 35 EUROPEAN ARREST WARRANT ACT 2003 DPP v SHERIDAN & O'BRIEN ......
  • DPP v Judge John O'Donnell and Thomas Kelly
    • Ireland
    • High Court
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  • Mooney v Fahy & DPP
    • Ireland
    • High Court
    • 21 Diciembre 2004
    ...Citations: INTOXICATING LIQUOR ACT 1988 S32 INTOXICATING LIQUOR ACT 2000 DCR O.21 CUSSEN, STATE V BRENNAN 1981 IR 181 DPP V MACKLIN 1989 ILRM 113 DE ROISTE V MIN FOR DEFENCE 2001 1 IR 190 2001 2 ILRM 241 2001 ELR 33 CONNOLLY V DPP & JUDGES OF METROPOLITAN DISTRICT COURT 2003 4 IR 121 Mrs. J......

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