Duffy v Sutton

• Jurisdiction: Ireland
• Judgment Date: 30 November 1955
• Date: 30 November 1955
• Court: Supreme Court

(S.C.),

Duffy

and

Sutton

Retailer - Prosecution for defective quality - Provisions of Probation of Offenders Act, 1907, applied - Wholesaler sued by retailer for latter's costs of defending prosecution - Case Stated - Whether application of provisions of Probation of Offenders Act is a conviction within meaning of s. 29 of the Sale of Food and Drugs Act, 1875 - Probation of Offenders Act, 1907 (7 Edw. 7, c. 17), s. 1 - Sale of Food and Drugs Act, 1875 (38 39 Vict., c. 36), ss. 6, 28 - Sale of Goods Act, 1893 (56 57 Vict., c. 71), s. 13; s. 14, sub-ss. 1, 2; s. 51, sub-s. 2.

The application of the provisions of the Probation of Offenders Act, 1907, is a conviction within the meaning of s. 28 of the Sale of Food and Drugs Act, 1875. Accordingly, a person who innocently sells food in the same condition as that in which he bought it from another, not knowing it to be defective, and who is subsequently prosecuted...