The State (Duggan) v Evans
Jurisdiction | Ireland |
Judgment Date | 01 January 1978 |
Date | 01 January 1978 |
Court | High Court |
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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