Dullaghan v Hillen and King

JurisdictionIreland
Judgment Date01 January 1957
Date01 January 1957
CourtCircuit Court
(Cir. Ct.),
Dullaghan
and
Hillen and King

Customs officers - Powers of - Duty of public servant - Customs (Land Frontier) Regulations, 1923 - False imprisonment - Justification - Malicious prosecution - Criminal Justice (Administration) Act, 1924 - Prosecution. at the suit of the Attorney General - Reasonable cause.

The plaintiff while driving a motor - van within twenty miles of the land frontier was stopped by customs officers. A fight commenced between the plaintiff and the customs officers and the plaintiff was injured. The plaintiff was detained by the customs officers and was brought to Dundalk police station and charged with offences under the provisions of the Customs and Inland Revenue Act, 1881, s. 12 (5) and the Customs (Land Frontier) Regulations, 1923. In an action for damages for assault and battery, false imprisonment and malicious prosecution against two of the customs officers, held, 1, that the first - named defendant assaulted and beat the plaintiff in excess of the limited powers which he possessed as a customs officer; 2, that the arrest and detention of the plaintiff were within the limited powers of the...

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14 cases
  • Murphy v Attorney General
    • Ireland
    • Supreme Court
    • 2 d4 Junho d4 2016
    ...The full extent of that is not for discussion here. A much-used description of false imprisonment was given in Dullaghan v Hillen [1957] Ir Jur Rep 10 at page 15 by Judge Fawsitt: False imprisonment is the unlawful and total restraint of the personal liberty of another whether by constraini......
  • Minister for Justice and Equality v M.Z.
    • Ireland
    • High Court
    • 26 d2 Julho d2 2016
    ...is a total restraint of the liberty of the person. The offence is committed by mere detention without violence. Per Fawsitt J. in Dullaghan v Hillen and King [1957] Ir. Jur. Rep. 10."' 27 Counsel also referred to paras. 2.7 to 2.15 of the 1994 LRC Report where it considers the offence in d......
  • D.F. v Garda Commissioner and Others
    • Ireland
    • High Court
    • 11 d5 Abril d5 2014
    ...& PERMANENT PLC UNREP HOGAN 13.1.2014 2014 IEHC 1 IRISH PERMANENT BUILDING SOCIETY v CALDWELL 1979 ILRM 273 DULLAGHAN v HILLEN & KING 1957 IR JUR REP 10 MCMAHON & BINCHY LAW OF TORTS 4ED 2013 911 R (P) v C (K) (LEGAL PERSONAL REPRESENTATIVE OF C (M) (DECEASED)) UNREP BAKER 11.3.2014 2014 ......
  • G.E. v Commissioner of an Garda Síochána
    • Ireland
    • Supreme Court
    • 2 d5 Dezembro d5 2022
    ...as the relevant case-law will allow. A classic definition of the tort of false imprisonment was given by His Honour Judge Fawsitt in Dullaghan v. Hillen (1957) Ir Jur Rep. 10, at 15: “False imprisonment is the unlawful and total restraint of the personal liberty of another, whether by cons......
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