Quinn v Mangan [High Court.; Supreme Court.]

• Jurisdiction: Ireland
• Judgment Date: 30 October 1945
• Date: 30 October 1945
• Court: Supreme Court

(H.C., S.C.),

The State (Quinn)

and

Mangan

-Procedure - Informations refused on indictable charge - Same charge tried summarily - Summons not a condition precedent - Metropolitan District Court - Certiorari - Application to quash order of District Court - Order of District Court affirmed on appeal - No application to quash order of Circuit Court - Certiorari refused in the discretion of the Court - Rules of the District Court, rr. 8, 11, 25, 26, 34, 59 - Offences Against the Person Act, 1861 (24 25 Vict., c.100), s. 42 - Dublin Police Act, 1842 (5 6 Vict., c. 24).

Following a sworn complaint, the prosecutrix was arrested on a warrant and eventually appeared before the District Justice charged with having threatened "to kill and murder" the complainant and "thereby putting her in fear and dread of bodily harm."The District Justice refused informations on this charge, but immediately entered a charge of assault against the prosecutrix and proceeded to try the new charge summarily. The new charge was signed by the original complainant. The prosecutrix, who was defended by a solicitor, was convicted. She appealed to the Circuit Court, but the appeal was dismissed and the order of the District Justice was affirmed. She thereupon obtained a conditional order of certiorari to quash the order of the District Justice, and on the application to make absolute the conditional order: Held by the High Court that certiorari must be refused. To follow up an abortive charge of...