State (Llewellyn) v Ua Donnchadha
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1974 |
| Date | 01 January 1974 |
| Docket Number | [1972. No. 268 SS.] |
| Court | Supreme Court |
Criminal trial -Statutory offence - Decision on validity of statute pending in superior court - Whether District Justice had jurisdiction to proceed with trial -Prohibition - District Court Rules, 1948 (S.I. No. 431 of 1947), r. 13.
The prosecutor was due to be tried summarily in the District Court for an offence, the proof of which depended upon the effect of a sub-section of a statute. At that time a civil action, in which the constitutional validity of the sub-section was the main issue, was pending in the High Court. The District Justice adjourned the hearing of the criminal trial to the 14th July. On the 22nd June, the validity of the sub-section was upheld by a decision of the High Court in the civil action; an appeal from that decision was filed. On the 14th July, the prosecutor applied to the District Justice for a further adjournment pending the determination of the appeal in the civil action, but the District Justice refused the application and stated his intention to proceed with the trial on the 23rd September. The prosecutor obtained in the High Court a conditional order of prohibition to prevent the District Justice...
To continue reading
Request your trial
-
S.P.U.C. v Grogan (No. 4)
...not yet in force, the court could not take cognisance of any declaration in relation thereto. The State (Llewellyn) v. Ua DonnchadhaIR [1973] I.R. 151 applied. S.P.U.C. v. Grogan (No. 4) The Society for the Protection of Unborn Children (Ireland) Limited Plaintiff and Stephen Grogan and Oth......
-
Minister for Agriculture v Brennan
...the respondent would have been bound by that decision until such time as it was reversed. The State (Llewellyn) v. Ua DonnchadhaIR [1973] I.R. 151 applied. High Court [1994 No. 33 J.R.] Minister for Agriculture v. Brennan The Minister for Agriculture, Food and Forestry Applicant and Distric......
-
Stephens v Connellan
...S15 FIREARMS ACT 1971 S3 CONSTITUTION ART 38.1 CONSTITUTION ART 40.3 HEALY, STATE V O'DONOGHUE 1976 IR 325 LLEWELLYN, STATE V DONNACHADA 1973 IR 151 HOLLAND, STATE V KENNEDY 1977 1 IR 193 CONSTITUTION ART 34 CONSTITUTION ART 40.3.1 CONSTITUTION ART 40.3.2 CONSTITUTION ART 38 MCDONALD V BOR......
-
Power, Flynn a Ltd v Minister for Fisheries & Forestry
...out powers vested in them by a statute which enjoyed a presumption of constitutional validity. The State (Llewellyn) v. Ua DonnchadhaIR [1973] I.R. 151, considered. 3. That accordingly: (i) (McCarthy J. dissenting) the presumption of constitutionality which applied to the impugned statute w......