Sweeney v District Justice Brophy
| Jurisdiction | Ireland |
| Judge | Mr. Justice Barron |
| Judgment Date | 01 January 1993 |
| Neutral Citation | 1992 WJSC-HC 1047 |
| Court | High Court |
| Docket Number | 107 JR/1991 |
| Date | 01 January 1993 |
1992 WJSC-HC 1047
THE HIGH COURT
AND
Citations:
KEANEY, STATE V O'MALLEY 1986 ILRM 31
SINGH V RUANE 1989 IR 610
HASTINGS, R V GALWAY 1906 IR 499
DROHAN, R V WATERFORD JJ 1901 2 IR 548
MCGRATH, R V CLARE JJ 1905 2 IR 510
Synopsis:
CRIMINAL LAW
Offence
Trial - Conviction - District Court - Judicial review - Conviction quashed - Proceedings - Remittal - Whether defendant had been in jeopardy - Conviction voidable - Proceedings not remitted - (1991/107 JR - Barron J. - 20/12/91) - [1993] 2 I.R 202
|Sweeney v. Brophy|
JUDICIAL REVIEW
Certiorari
Offence - Conviction - Annulment - High Court - Discretion - Proceedings - Remittal to District Court - Whether defendant had been in jeopardy - Conviction voidable - Proceedings not remitted - Rules of the Superior Courts, 1986, order 84, r. 26(4) - (1991/107 JR - Barron J. -20/12/91) [1993] 2 IR 202 [1992] ILRM 478
|Sweeney v. Brophy|
Judgment of Mr. Justice Barrondelivered on the 20th day of December 1991
This is an application for an Order of Certiorari to quash an Order of the first named Respondent made on the 3rd April 1991 whereby he convicted the Applicant of assault. The grounds for the application are that a number of impropreties on the part of the first named Respondent occurred during the hearing. No notice of opposition has been filed and accordingly the Court must grant the Order sought.
The Respondents now contend that the matter should be remitted to the District Court for rehearing. This is opposed by the Applicant. The matter can, of course, be remitted to the District Court following an Order of Certiorari, but it depends upon the nature of the hearing which is being invalidated. The Applicant relies upon The State (Keaney) v. O'Malley 1986 ILRM 31 and Singh v.Ruane 1989 I.R. 610. These two cases are examples of the different circumstances in which Certiorari or Prohibition can lie. In the former case, a decision of the Circuit Court on appeal had been quashed upon the basis that by hearing evidence which was clearly inadmissible jurisdiction had been lost. When the matter was re-entered for hearing following such quashing, it was argued that the Applicant was entitled to maintain a plea of autrefois acquit. The Learned Circuit Court Judge did not accept this submission, but indicated that it should be tested in the High Court by way of an application for an Order of Prohibition. On the hearing of this application, the Order was granted. The basis of...
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