The State (Duggan) v Evans

JurisdictionIreland
Judgment Date01 January 1978
Date01 January 1978
CourtHigh Court
(H.C.)
The State (Duggan)
and
Evans

Amendment - Statutory offence - Charge referring to provision in original statute - Provision inserted by later amending enactment - No reference in charge to amending enactment - Larceny Act, 1916 (6 7 Geo. 5, c. 50), s. 23A.

The defendant was charged in the District Court with having committed an offence "contrary to s. 23A of the Larceny Act, 1916." Section 23A was inserted in the Act of 1916 by s. 6 of the Criminal Law (Jurisdiction) Act, 1976, but the charge made no reference to the Act of 1976. At the close of the case for the prosecution the District Justice ruled that a prima...

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21 cases
  • DPP (at the suit of Garda James King) v Christopher Tallon
    • Ireland
    • High Court
    • 28 July 2006
    ...OF THE PEACE 2ED 1890 169 O'CONNOR JUSTICE OF THE PEACE 2ED 1915 VOL 1 227 RSC O.38 r2 RSC O.38 r3 RSC O.38 r4 DUGGAN, STATE v EVANS 1978 112 ILTR 61 LARCENY ACT 1916 S23(A) CRIMINAL LAW (JURISDICTION) ACT 1976 S6 ROCHE, STATE v DELAP 1980 IR 170 DPP v CANIFFE 2002 3 IR 554 MACAVIN v DPP......
  • DPP v Cunniffe
    • Ireland
    • High Court
    • 10 February 2003
    ... 1965 IR 411 DCR 1997 O.38 r1(1) DPP V WINSTON UNREP O'HANLON 25.5.1992 1992/6/1935 DCR 1948 O.88 DCR 1997 O.38 DUGGAN, STATE V EVANS 1978 112 ILTR 61 DPP V CORBETT 1992 ILRM 674 ROAD TRAFFIC ACT 1961 S49(2)(3) DPP V COLFER UNREP O'DONOVAN 9.2.1998 2000/20/7852 Synopsis: CRIMINAL LAW Road......
  • DPP v Desmond Doyle
    • Ireland
    • High Court
    • 5 March 1997
    ...1978 S13(1) ROAD TRAFFIC (AMDT) ACT 1978 S13(3) ROAD TRAFFIC (AMDT) ACT 1984 S5 COURTS (NO 3) ACT 1986 S1(3)(a) DUGGAN, STATE V EVANS 1978 112 ILTR 61 DCR r88 COURTS (NO 3) ACT 1986 S1(6) 1 Judgment of Mr. Justice Geoghegandelivered on the 5th day of March, 1997. 2This is an Appeal by way ......
  • DPP v Corbett (No. 2)
    • Ireland
    • High Court
    • 1 January 1992
    ...ACT 1984 S3 DCR 1948 r88 DCR 1948 r21 DPP V BURNBY UNREP EX TEMP BARR 24.7.89 DCR 1948 r88(2) DCR 1948 r88(3) DUGGAN, STATE V EVANS 1978 112 ILTR 61 TOAD TRAFFIC (AMDT) ACT 1978 S10 1 Judgment of Mr. Justice Barrdelivered the 24th day of January, 1991. 2This is a Case Stated to the High Co......
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