O'Neill v DPP

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Date: 01 January 1989
• Court: High Court

(H.C.)

O'Neill

and

Director of Public Prosecutions

- District Court -Applicant charged with obstructing police officers in the course of their duty - Applicant electing for trial by judge and jury - Applicant subsequently charged with assault contrary to common law - Director of Public Prosecutions electing to have latter charges disposed of summarily - District Justice refusing to deal with charges summarily - Withdrawal of indictable charges - Whether District Justice entitled to assume jurisdiction over charges of common assault - Offences Against the Person Act, 1861 (24 25 Vict., c. 100), s. 38, 36 - Criminal Justice Act, 1951 (No. 2), s. 6.

The applicant was charged in the District Court with certain charges under s. 38 of the Offences Against the Person Act, 1861. The applicant elected for trial by judge and jury. The Director of Public Prosecutions (D.P.P.) at a later stage preferred three charges of assault contrary to common law. These latter charges arose out of the same event and occurred on the same day, although later on the same day, as the other charges and the injured parties were different. The D.P.P. elected to have the charges of assault contrary to common law disposed of summarily; however, the respondent District Justice initially refused to deal with the charges of common assault summarily and directed that a book of evidence be served on the applicant. The D.P.P. then withdrew the charges under s. 38 of the 1861 Act and the respondent District Justice elected to assume jurisdiction in respect of the charges of common assault. The applicant sought, by way of an application for judicial review, orders of...