The State (Gorman) v Wicklow Circuit Judge
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1950 |
| Date | 01 January 1950 |
(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...
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3 cases
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State (Carthew) v Dunleavy and Others
...on the cases of R. (Boylan) v. Londonderry Justices (1912) 2 I.R. 374, State(Gorman) v. The Circuit Court Judge for Wicklow & Anor. 84 I.L.T.R. 131 and the State (Hughes) v. Lennon and Others (1935) I.R. 128 Mr. Carthew also submitted that the order convicting him was bad on its face in tha......
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State (Attorney General) v Judge Durcan
...[1924] 2 I. R. 55. (6) 4 Burr. 2456. (7) 65 I. L. T. R. 157. (8) 68 I. L. T. R. 79. (9) 70 I. L. T. R. 149. (10) 71 I. L. T. R. 3. (11) 84 I. L. T. R. 131. (12) [1910] 2 I. R. 695. (13) [1960] I. R. 438. (1) 9 Ex. 111. (2) [1949] I. R. 275, at pp. 280 and 281. (1) [1900] 2 I. R. 492. (2) [1......
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State (Davidson), The v Farrell
...(3) [1948] 2 K. B. 385. (4) [1950] A. C. 401. (5) [1959] 2 All E. R. 81. (6) [1908] 2 I. R. 285. (7) [1924] 2 I. R. 55, at p. 57. (8) [1949] I. R. 275. (9) (1853), 9 Ex. 111, at p. (10) [1908] 2 I. R. 1. (11) [1908] 1 K. B. 365. (12) [1916] 2 I. R. 313. (13) [1951] 1 All E. R. 195. (14) [19......