State (Howard) v District Justice Donnelly
| Jurisdiction | Ireland |
| Judgment Date | 31 March 1966 |
| Date | 31 March 1966 |
| Docket Number | (1965. No. 74 S.S.) |
| Court | High Court |
(H.C.)
State (Howard)
and
District Justice Donnelly
Application for direction refused - Evidence for defence then tendered - No rule requiring defendant to elect between applying for direction and going into evidence.
In a summary criminal case an application for a direction at the close of the case for the prosecution is not necessarily an election by the defence which would preclude the defence from going into evidence. So held by Davitt P.
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5 cases
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Re the Criminal Law (Jurisdiction) Bill, 1975
... ... the title "An Act to extend the Criminal Law of the State to certain acts done in Northern Ireland, to provide for ... it is satisfied that it is not in the interests of justice to do so, and may of its own motion, and any appellate ... Procedure Act 1967an accused person before the District Court charged with an indictable offence and not being ... ...
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State (Stanbridge) v Mahon
...of his argument he referred to the following cases TheState (de Burca) .v. O'hUadhaigh 1976 I.R. 85; The State (Howard) .v. Donnelly 1966 I.R. 51; The State (Kiernan) .v. deBurca 1963 I.R. 348; The State (O'Connor) . v. OCaomhanaigh 1963 I.R. 113 and The State (Vozza) .v.O'Floinn 1957 I......
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Konadu v DPP
...by either the prosecution or the defence is a clear breach of the rules of fair procedures. (State (Howard) v. District Justice Donnelly [1966] I.R. 51). The difficulty arising in this regard is that if the court acts otherwise it breaches the principle of audi alteram partem: both sides of......
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DPP v Sweeney and Others
...OF DRUGS ACTS 1977 S25 MCGRATH EVIDENCE 2005 STATE (MURPHY) v KIELT 1984 IR 458 ROAD TRAFFIC ACT 1961 S49(2) STATE (HOWARD) v DONNELLY 1966 IR 51 P & F SHARPE LTD v DUBLIN CITY & COUNTY MANAGER 1989 IR 701 DPP v C (W) 1994 1 ILRM 321 WHELAN v FITZGERALD 2008 2 IR 678 ROAD TRAFFIC ACT 1994 S......
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