The Gazette 1996

GAZETTE

NOVEMBER 1996

Conviction - appeal - trial judge's charge to jury - offences against the person - conviction on three counts arising from same incident - intention - judge's charge dismissive as to accused's statement that his mind went blank - relevance of state of mind to first count - whether judge's charge erroneous - whether judge failed adequately to direct jury as to intention for second and third counts - alternative counts - whether judge failed to explain concept of alternative counts and manner in which jury to deal with counts - Offences Against the Person Act 1861, ss. 18, 20, 47 ' EMPLOYMENT Josephine Harte and Ors v. Labour Court and Anor (Keane J) 29 March 1996 Equality - rate of pay - discrimination on the ground of sex - male comparator - work equal in value - part-time home helps seeking comparison with male full-time caretaker - Equality Officer's recommendation in favour of applicants - Labour Court allowing appeal on grounds that there were persons of. opposite sex doing same work in same place and paid at same rate - judicial review - whether Labour Court erred in law - whether breach of natural and constitutional justice and fair procedures - audi alteram partem - whether certiorari appropriate remedy where error within jurisdiction - nature of determinations made by Labour Court - burden on party alleging decision erroneous in point of law - whether decision, even if erroneous in point of law, constituted an error of such a nature as to be a nullity - Anti- Discrimination (Pay) Act 1974, s. 3(c) EUROPEAN COMMUNITIES Dermot Coppinger v. The County Council of Waterford and Ors (Geoghegan J) 22 March 1996 Breach of EC Directives - road traffic accident - negligence - personal injuries - tort - damages - plaintiff suffering severe personal injuries in road traffic accident - plaintiff colliding with rear of tipper truck - truck not fitted with rear underrun protection - whether failure to fit rear underrun protection negligent - whether failure to fit rear underrun protection breach of EC Directives - whether defendant an emanation of the state - whether EC Directives

having direct effect - whether absence of rear underrun protection causing plaintiff's serious injuries - whether damages for breach of EC Directive to be reduced for contributory negligence - measure of damages - Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1985, art. 4 - Council Directive 70/156/EEC - Council Directive 70/221/EEC - Commission Directive 79/490/EEC FISH AND FISHERIES Attorney General v. Judge Brendan Wallace and Anor (Geoghegan J) June 18, 1996 Sea Fisheries Protection Officer - application for detention of boat and persons on board - application to District Court 'as soon as may be' - no judge available - 32 hour delay from handing over of boat to application before District Court - whether application made 'as soon as may be' - whether distinction to be made where no judge available - meaning of 'as soon as may be' - nature of obligation on State - special circumstances - whether judge entitled to refuse to entertain application - Fisheries (Consolidation) Act 1959, s.234 GARDA SÍOCHÁNA Phelim Patrick McGee v. Minister for Finance (Carney J) 19 April 1996 Act establishing compensation scheme - compensation for personal injuries not causing death - injuries to Garda consisting of nosebleed and associated bruising - full recovery within two weeks - application for compensation under scheme - assessment by court - intention behind Act - certificate of authorisation by Minister for Justice to bring application to court - effect of certificate of authorisation - nature of Minister's decision - whether court obliged to assess compensation where court of opinion that injuries were trivial - Act's provisions - Garda Síochána Compensation Act 1941, ss. 6, 7 HEALTH AND SAFETY Medicinal Products (Prescription and Control of Supply) Regulations 1996 (SI No. 256 of 1996) These Regulations update the controls applicable to the prescription and

Colm Kelly v. Director of Public Prosecutions and Her Honour Judge Catherine McGuinness (Supreme Court) 28 June 1996 Road traffic - plea in bar - autrefois acquit - accused charged with„ summary offence of dangerous driving - application for summons not made within six months - DPP withdrawing summons - accused charged with indictable offence of dangerous driving causing death - accused seeking order of prohibition - whether DPP estopped from prosecuting accused on indictment - Constitution of Ireland - Petty Sessions (Ireland) Act 1851 - Road Traffic Act 1961 DPP v. Eamonn Kelly (Court of Criminal Appeal) 4 March 1996 Conviction - appeal - drugs offences - arrest following surveillance - bag containing cocaine found in vehicle driven by accused - majority verdict - fair procedures - whether prosecution should have served notice of additional evidence where cross- examination seeking to undermine accused's evidence - whether evidence of fingerprint expert unfair to accused - lack of fingerprint characteristics on bag - judge's charge to jury - whether defence case adequately put to jury - whether concept of 'possession' properly explained - whether judge put excessive pressure on jury to bring in a verdict - Misuse of Drugs Act 1977, ss. 3, 15 The People (DPP) v. Joseph Kavenagh (Court of Criminal Appeal) 26 February 1996 Rape - conviction - after trial social workers report furnished to court and defence - report furnished to Gardai before trial - material differences between account in report and evidence at trial - report should have been furnished to defence - matters defence entitled to explore - retrial ordered Joseph Gannon v. Director of Public Prosecutions (Court of Criminal Appeal) 29 February 1996 Rape - informal identification - no other evidence against accused - examination of original documents - first time made available to defence - claim of 'newly discovered fact' - conviction not rendered unsafe and unsatisfactory - conviction affirmed - Criminal Procedure Act, 1993 s.2(4) People (DPP) v. Raymond McBride (Court of Criminal Appeal) 29 January 1996

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IRISH LAW IIMLS, (X IOBLK I')')(.