State (Barry and Others), The v District Justice O Roide in and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1959
• Date: 01 January 1959
• Court: High Court

(H.C.)

State (Barry and Others)

and

District Justice O Roidean and Another

Adequacy - Signature to entries by Justice after transfer to another district - Interpretation of Statutes - "Duties" or "Power" - Criminal Justice Act, 1951, s. 21 (1), (2) - District Court Rules, 1948, rule 84 - District Court Rules, 1955, rule 9 - Game Preservation Act, 1930, s. 3 - Protection of Animals Act, 1911, s. 1.

The prosecutors were convicted in the District Court of certain offences. The entries of the convictions in the Justice's Minute Book were not signed by the Justice at the time of conviction. They were signed later but at the time of signature the Justice had been transferred to another district. Furthermore certain of the entries in the Minute Book had to be read in conjunction with other entries in order that they might be complete and unambiguous. The prosecutors sought and obtained a conditional order of certiorari. Held:—1. The signature of the Justice after his transfer from the district to entries made by him in the Minute Book before his transfer in respect of cases heard by him whilst sitting in his former district was not a compliance with the Criminal Justice Act, 1951, s. 21, sub-s. 2 and so such signature was ineffective. 2. Entries in a Justice's Minute Book which are ambiguous and which are only intelligible by reference to other entries in the Minute Book are insufficient to meet the requirements of the law contained...