DPP v McMullan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

Director of Public Prosecutions

and

McMullan

Probation Act - Facts proved - Charge dismissed - Undertaking by accused - Appeal - Quare, against what order - Hearing de bene esse - Facts held not proven - Summons dismissed simpliciter - Accused released from undertaking.

1. Mr. Michael McMullan, lessee of Charleville Castle Tullamore, Co. Offaly, was charged in the District Court with assaulting Major Hutton-Bury, lessor of the District Court, made an order finding the facts proven, but dismissing the charge. The accused was required to enter an undertaking not to interfere with the complainant, Major Hutton-Bury for a specified period. The accused appealed. On appeal, a question arose as to whether the defendant could appeal because of the nature of the District Justice's order. Judge O'Malley agreed to hear the case, for what it was worth. The prosecution called Major Hutton-Bury who gave evidence that he and his son entered the grounds of Charleville Castle, Tullamore, at 5 p.m. in the evening. They were accosted by the accused who spat upon the complainant. The defendant Michael MacMullan gave evidence that he was on the avenue of Charleville Castle at the time and on the evening in question. He was...