People (Attorney General) v Duggan

• Jurisdiction: Ireland
• Judgment Date: 05 April 1958
• Date: 05 April 1958
• Court: Court of Criminal Appeal

C.C.A.

The People (Attorney General)

and

Duggan

Charge sheet containing seven charges against accused including charge of receiving stolen goods - Informations received in respect of four charges - Entry by District Justice of the words "N.A. strike out" in respect of receiving charge - Entry interpreted by District Justice, at request of Court of Criminal Appeal, to mean "No Appearance. Strike out" - Whether entry equivalent to a refusal of informations in respect of charge - Whether charge of receiving properly included in indictment - Whether Circuit Court had jurisdiction to try accused upon receiving charge - Whether trial Judge misdirected jury as to onus of proof generally in criminal cases and in particular in respect of charge of receiving -Whether comment by trial Judge on failure of accused to make a statement when charged and cautioned amounted to a misdirection.

M.D.was charged on indictment in the Circuit Criminal Court with one, P.C., inter alia, with the offences of storebreaking and larceny of cigarettes and, in the alternative, with receiving the cigarettes knowing them to have been stolen. The charge sheet upon which M.D. was charged in the District Court contained seven charges and showed that the District Justice, having taken depositions, received informations in respect of four of them. In respect of the charge of receiving the cigarettes, knowing them to have been stolen, the District Justice made the entry "N.A. strike out." M.D. was acquitted on the charge of...