O'Neill v Butler

JurisdictionIreland
JudgeMr. Justice McMahon
Judgment Date26 November 1979
Neutral Citation1978 WJSC-HC 3863
Docket NumberNo. 477 S.S./1979
CourtHigh Court
Date26 November 1979

1978 WJSC-HC 3863

THE HIGH COURT

No. 477 S.S./1979
O'NEILL v. BUTLER

BETWEEN:

GARDA DERMOT O'NEILL

and

CHRISTOPHER BUTLER

and

BETWEEN:

SERGEANT EAMON COFFEY

and

MICHAEL McDONAGH AND MARTIN JOYCE

and

BETWEEN:

GARDA JAMES R. McGRATH

and

HUGH GERARD WALKER
1

Judgment of Mr. Justice McMahondelivered the 26th day of November 1979.

2

These are three cases which have been stated by District Justice Robert O hUadhaigh in the Dublin Metropolitan District Court on his own initiative under Section 52 (1) Courts (Supplemental Provisions) Act 1961. The issues raised by the three cases are substantially identical and relate to the manner in which the District Justice should exercise the power of granting or refusing Legal Aid Certificates under the provisions of theCriminal Justice (Legal Aid) Act 1962.

3

The cases were stated by the District Justice before he had heard any evidence in the proceedings and contain no findings of fact in relation to any of the offences charged. In the case of Hugh Gerard Walker the charge is unlawful assault on one Ian Gallagher contrary to common law and the High Court is asked to say:

4

(a) What is meant by the words "gravity of the charge" and "exceptional circumstances" in Section 2 (1) (b) Criminal Justice Legal Aid Act 1962.

5

(b) Whether having regard to the particulars contained in the charge and the sentence provided by Section 11 (2) Criminal Justice Act 1961 for persons convicted of common assault the District Justice is entitled to hold that the offence charged is a minor offence which does not require in the interests of justice that the defendant should have Legal Aid in the preparation and conduct of his defence.

6

(c) If Legal Aid is not required by the gravity of the offence whether the onus is on the defendant to show that it is required by some exceptional circumstances.

7

(d) Should the Justice inform the Defendant of his right toapplyfor Legal Aid under the provisions of the 1962 Act where it appears to the Justice that the defendant's means are sufficient to enable him to obtain Legal Aid.

8

The questions asked in the other cases are substantially the same.

9

The power of a District Justice under Section 52 of the Courts (supplemental Provisions) Act 1961is to refer to the High Court a question of law arising in proceedings before him by reference to the facts found by him. He can not ask the High Court to define generally and without reference to...

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15 cases
  • Hynes v Wicklow County Council
    • Ireland
    • High Court
    • 15 May 2003
    ...2002). O'Donoghue v. Veterinary Council [1975] I.R. 398. O'Neill v. Beaumont Hospital Board [1990] I.L.R.M. 419. O'Neill v. Butler [1979] I.L.R.M. 243. Orange Communications Ltd. v. Director of Telecoms (No. 2) [2000] 4 I.R. 159. Sharpe (P & F) Ltd. v. Dublin City and County Manager [1989] ......
  • Persona Digital Telephony Ltd v Minister for Public Enterprise
    • Ireland
    • Supreme Court
    • 23 May 2017
    ...any real sense, having been exhorted to that end by judicial dicta (The State (Healy) v. Donoghue[1976] I.R. 325 and O'Neill v. Butler[1979] I.L.R.M. 243). Its intervention has taken the form of providing financial support under both legislative and administrative schemes. The most obvious ......
  • Leonard v District Judge Garavan
    • Ireland
    • High Court
    • 30 April 2002
    ...ART 40.3.2 HEALY, STATE V DONOGHUE 1976 IR 325 POWELL V STATE OF ALABAMA 287 US 45 1932 GILL V CONNELLAN 1987 IR 541 O'NEILL V BUTLER 1979 ILRM 243 CAHILL V REILLY 1994 3 IR 547 SWEENEY V BROPHY 1993 2 IR 202 ROCK V GOVERNOR ST PATRICK'S INSTITUTION UNREP SUPREME 22.3.1993 1993/5/1383 C......
  • The Child and Family Agency v L.B.
    • Ireland
    • High Court
    • 12 July 2018
    ...in respect of issues of statutory interpretation, it is submitted, is reflected in the decision of McMahon J. in O'Neill v. Butler [1979] I.L.R.M. 243, where he observed at p. 244:- ‘The power of a District Justice under section 52 of the Courts (Supplemental Provisions) Act, 1961 is to ref......
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