Minister for Supplies v Connor

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 27 April 1945
• Date: 27 April 1945

Minister for Supplies v. Connor.

THE MINISTER FOR SUPPLIES

Complainant

and

WILLIAM GRAHAM CONNOR

Defendant.

Criminal law - Defence of autrefois acquit - District Court summons chargingdefendant with offence unknown to the law - Summons struck out - Secondsummons correctly charging offence intended to have been charged by firstsummons - Whether defendant entitled to plead autrefois acquit - Effect ofDistrict Justice's order to strike out.

Case Stated.

This was a Case Stated by District Justice Molony, sittingat the Metropolitan District Court, Dublin, pursuant to theSummary Jurisdiction Act, 1857 (20 & 21 Vict. c. 83), on theapplication of the complainant, the Minister for Supplies,for the opinion of the High Court of Justice.

The facts, as set out in the Case Stated, were as follows:—

"1. (a) By summons, dated the 14th day of February,1944, the Minister for Supplies, who is the complainantherein, charged William Graham Connor, who is the defendantherein, that 'you, the said defendant, during the periodOctober, 1942, to June, 1943, at 91 Cork Street in the Cityof Dublin within the said District, did unlawfully in theForm T. 15 (Sale) which you as a licensed tea retailer wererequired to keep under the Emergency Powers (TeaRetailers) Order, 1942, make entries which were false andmisleading in contravention of Article 3 (4) of the EmergencyPowers Acts, 1939 to 1943.'

1. (b) The said summons came on for hearing beforeme on the 8th day of March, 1944, and at the said hearingthe complainant was represented by solicitor and thedefendant was represented by counsel and solicitor.

Before tendering evidence the said solicitor for thecomplainant applied to me for liberty to amend the saidsummons by inserting therein after the words 'in contraventionof Article 3 (4)' the additional words 'of theEmergency Powers (No. 177) Order, 1942, contrary to' onthe ground that the said additional words had been omittedfrom the said summons through a typing error.

Counsel for the defendant objected to liberty beinggiven to amend as sought, and submitted that he wasentitled to have the said summons dismissed. After argumentI refused liberty to amend; and, being of opinion that thesaid summons disclosed no offence, and no evidence havingbeen tendered, I directed that the said summons be struckout, and entered the words 'strike out' in the Justice'sMinute Book opposite the defendant's name therein.

2. (a) By summons, dated the 6th day of April, 1944,which is the summons the subject of this Case, the saidMinister for Supplies as complainant charged the saidWilliam Graham Connor as defendant that 'you, the saiddefendant, during the period October, 1942, to June, 1943,at 91 Cork Street, in the City of Dublin within the saidDistrict, did unlawfully in the Form T. 15...