People (Attorney General) v Griffin

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

Supreme Court

[S.C. No. 10 of 1972]

The People (Attorney General) v. Griffin

THE PEOPLE (at the Suit of THE ATTORNEY GENERAL)

and

GERARD GRIFFIN

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

Criminal Appeal.

The appellant, Gerard Griffin, was tried on indictment in the Circuit Court on the 14th July, 1971, on a count which charged him with having had in his possession on the 31st December, 1970, a quantity of canabis resin (Indian hemp) contrary to s. 14 of the Dangerous Drugs Act, 1934; he was found guilty. On the 16th July, 1971, he was sentenced to 6 months imprisonment from the 14th July, 1971. The trial judge refused to grant leave to appeal. The Court of Criminal Appeal (McLoughlin, Butler and Pringle JJ.) granted leave to appeal, allowed the appeal but directed a retrial. By its order dated the 21st December, 1971, the Court of Criminal Appeal issued a certificate pursuant to s. 29 of the Courts of Justice Act, 1924, certifying that its decision involved a point of law of exceptional public importance, viz. "Whether, the prosecution having failed to put in as part of the case for the prosecution the Dangerous Drugs (Raw Opium, Coca Leaves and Indian Hemp) Regulations, 1937, and the conviction having been set aside, the Court of Criminal Appeal can order a retrial," and certifying that it was desirable in the public interest that an appeal should be taken to the Supreme Court.

Section 14 of the Dangerous Drugs Act, 1934, provides that any person who acts in contravention of a regulation made under the Act of 1934 shall be guilty of an offence. The Regulations of 1937 were made pursuant to the Act of 1934 and Article 9 of those Regulations provides that no person shall be in possession of any substance to which the Regulations apply, which includes canabis resin.

Section 4, sub-s. 1, of the Documentary Evidence Act, 1925, provides:—

"(1) Prima facie evidence of any rules, orders, regulations, or byelaws to which this section applies, may be given in all Courts of Justice and in all legal proceedings by the production of a copy of the Iris Oifigiúilpurporting to contain such rules, orders, regulations, or byelaws or by the production of a copy of such rules, orders, regulations, or byelaws printed under the superintendence or authority of and published by the Stationery Office."

Section 5 of the Courts of Justice Act, 1928, provides:—

"(1) In addition to the jurisdictions conferred on the Court of Criminal Appeal by section 34 of the Principal Act, the Court of Criminal Appeal or, on appeal, the Supreme Court shall have the following jurisdictions, that is to say:—

• (a) the Court may notwithstanding that they are of opinion that a point raised in an appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred;

• (b) where the Court reverse a...