People (Attorney General) v Griffin

• Jurisdiction: Ireland
• Judgment Date: 10 May 1974
• Date: 10 May 1974
• Docket Number: [S.C. No. 10 of 1972]
• Court: Supreme Court

(S.C.)

The People (Attorney General)

and

Griffin

Failure of proof by prosecution - Jurisdiction of Court of Criminal Appeal - Courts of Justice Act, 1928 (No.15), s. 5.

The Court of Criminal Appeal quashed a conviction against an accused on the ground that there had been a failure on the part of the prosecution to prove formally a statutory instrument which created the offence charged, but that court directed a retrial of the accused for the offence. Because of such failure, counsel for the accused had applied to the trial judge for a direction at the conclusion of the evidence for the prosecution; the trial judge had refused the application and the prosecution had failed to take that opportunity to present such formal proof. On appeal by the accused from the direction of the Court of Criminal Appeal it was Heldby the Supreme Court (FitzGerald C.J., Walsh and Henchy JJ.), in allowing the appeal, 1, that in the circumstances the Court of Criminal Appeal had no power under s. 5 of the Courts of Justice Act, 1928...