State (Burke) v O'hUadhaigh and Others

• Jurisdiction: Ireland
• Judge: Pringle J.
• Judgment Date: 12 February 1973
• Neutral Citation: 1965 WJSC-HC 1320
• Date: 12 February 1973
• Court: High Court

1965 WJSC-HC 1320

THE HIGH COURT

State (Burke) v. O'hUadhaigh & Ors

RE:-

THE STATE (BURKE)

.v.

O h-UADHAIGH & ANOR

1 The 12th day of February 1973.

2 Nature of Document:-

3 CENTRAL OFFICE COPY/

4 Entering Fee:-

5 24 Folios at

6 Solicitor:- N. Lloyd Blood

7 Address

8 P208

9 (9202).K44070.50000.6/66.W.P.W.Ltd.20.

10 Judgment of Pringle J. ???query??????12th February 1973

11 This is an application by the Prosecutrix to make absolute, notwithstanding cause shown, a Conditional Order of Prohibition made by the Supreme Court on appeal from the President of the High Court on the 25th day of April 1972. This order prohibited the District Justice from proceeding on foot of a Notice of Motion dated the 4th day of June 1971 on the part of the complainant, Sergeant Michael 0"Donovan, in three prosecutions in the Dublin District Court against the Prosecutrix, unless cause shown to the contrary within the period therein specified. By Notice dated the 23rd day of May 1972 cause was shown by both the Respondents. The Prosecutrix was convicted in the Dublin District Court on the 22nd day of June 1970 on tthree charges under Section 52 of the Malicious Damage Act 1861 and she was sentenced to two months imprisonment on each charge, the sentences to run concurrently.

12 Section 21(1) of the Criminal Justice Act 1951provides as follows: "In every case of Summary "Jurisdiction the Justice shall enter concisely in his "Minute Book the effect of his decision" and by subsection (4) it is provided that "in the Dublin "Metropolitan District the entry may be made in the "Charge Sheet instead of the Minute Book" Subsection (2) of the section provides that "He shall sign the "entry which shall then be taken to be the decision "of theCourt".

13 In purported compliance with these provisions, the District Justice made the following entry at Paragraph 6 of each of the Charge Sheets under the heading "Justice's Order and Name ", that is to say: "Charge 1 " (which is the relevant Charge in each case) "Burke, 3 months imprisonment ", and the Charge Sheets were each signed by the District Justice. The entry of "3 months imprisonment " was not in accordance with the sentence pronounced in open Court, and on 27th day of July 1970 the Prosecutrix obtained in the High Court a Conditional Order of Certiorari to send before the Court for the purpose of being quashed "all and singular "the said orders and all records and entries relating "thereto. " Cause having been shown on behalf of theComplainant, the District Justice and the Attorney General, the matter came before the President of the High Court who made an order dated the 8th day of February 1971 in the following terms "It is ordered "that an order of Certiorari do issue directed to the said District Justice to send before the Court for the "purpose of being quashed All and Singular the entries "on the appropriate Charge Sheets purporting to record "in each case the imposition of. a sentence of three "months imprisonment and that upon return the same be "quashed to that extent without further motion ororder"

14 In the course of his Judgment the learned President said; "In the present case the District Justice, "through his Counsel, indicated that he was prepared to "submit to...