The State (Duggan) v Evans

• Jurisdiction: Ireland
• Judgment Date: 01 January 1978
• Date: 01 January 1978
• Court: High 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 facie case had been made on the above charge. Defence counsel objected to the form of the charge, contending that it was bad in that it omitted all reference to the amending Act. The District Justice allowed the objection and dismissed the charge without making any finding as to whether the defect in the chargehad misled or prejudiced the defendant or affected the merits of the case. The prosecution requested the District Justice to state a case for the opinion of the High Court as to whether he was right in law in dismissing the charge. Heldby Finlay P. 1. The District Justice was wrong in law in dismissing the charge. 2. If there is a defect in substance or form or an omission in a document by which a prosecution is originated a District Justice is bound: —(a) to ascertain whether the variance, defect or omission has in his opinion misled or prejudiced the defendant or might affect the merits of the case; (b) if it has not, then...