The State (Gorman) v Wicklow Circuit Judge

• Jurisdiction: Ireland
• Judgment Date: 01 January 1950
• Date: 01 January 1950
• Court: High Court

(H.C.)

The State (Gorman)

and

Wicklow Circuit Judge

Appeal to the Circuit Court - Prosecution by third party on charge of assault - Whether party aggrieved declined to prosecute - Evidence - Whether refusal to prosecute a condition precedent to jurisdiction - Offences against the Person Act, 1861 (24 25 Vict., c. 100), s. 42 - Summary Jurisdiction (Ireland) Act, 1862 (25 26 Vict., c. 50), s. 9.

By s. 42 of the Offences against the Person Act, 1861, as adapted, jurisdiction in cases of assault is conferred on the District Court "upon complaint by or on behalf of the party aggrieved." Sect. 9 of the Summary Jurisdiction (Ireland) Act, 1862, as adapted, makes it lawful for a District Justice, if he thinks fit, to...