Duncan v Gleeson

JurisdictionIreland
Judgment Date01 January 1970
Docket Number[1969. No. 126 SS.]
Date01 January 1970
CourtHigh Court
(H.C.)
Duncan
and
Gleeson

Prohibited hours - Permitting consumption of intoxicating liquor - Permitting persons to be on licensed premises - Ten minute extension - Onus of proof - Intoxicating Liquor Act, 1927 (No. 15 of 1927), s. 2 - Intoxicating Liquor Act, 1962 (No. 21 of 1962), ss. 7, 29.

The offence of permitting intoxicating liquor to be consumed on licensed premises during prohibited hours, contrary to s. 2 of the Intoxicating Liquor Act, 1927, is not established until the prosecution has discharged the onus of proving that the defendant failed to take reasonable steps to prevent such consumption. That onus of proof is also applicable to the offence of permitting a person to be on such premises during such hours, contrary to s. 29 of the Intoxicating Liquor Act, 1962. In neither case is the onus of proof diminished by the provisions of s. 7 of the Act of 1962 which allow a ten-minute extension to the lawful drinking hours. So held by Pringle J. Attorney General v. CarrollIR [1932] I.R. 1 and Attorney...

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5 cases
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    • Ireland
    • High Court
    • 19 May 1994
    ...KONG) LTD & ORS V AG OF HONG KONG 1985 AC 1 DPP, PEOPLE V MURRAY 1977 IR 360 INSPECTOR OF TAXES V KIERNAN 1981 IR 117 DUNCAN V GLEESON 1969 IR 116 REYNOLDS V G H AUSTIN & SONS LTD 1951 2 KB 135 LIM CHIN AIK V R 1963 AC 160 SWEET V PARSLEY 1969 1 AER 347 PRICE V CROMACK 1975 2 AER 113 ALPH......
  • Waxy O'Connors Ltd v Riordan
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    • Supreme Court
    • 8 June 2016
    ...liquor on his premises if he does not take reasonable steps to prevent it. (See also AG v. Egan [1943] I.R. 357; Duncan v. Gleeson [1969] I.R. 116 at p. 120 to 121). 59 In Duncan v. Gleeson, Pringle J. in the High Court pointed out that where the word ? permit? is used in defining an offenc......
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    • 25 November 2009
    ...SHERRAS v DE RUTZEN 1895 1 QB 918 BRADY v ENVIRONMENTAL PROTECTION AGENCY 2007 3 IR 232 2007/6/1143 2007 IEHC 58 DUNCAN v GLEESON 1969 IR 116 INTOXICATING LIQUOR ACT 1988 S35 INTOXICATING LIQUOR ACT 1988 S35(7) INTOXICATING LIQUOR ACT 2000 S14(2) INTOXICATING LIQUOR ACT 1988 S31(2) MINES &......
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