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GAZETTE
NOVEMBER 1996
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
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
IRISH LAW IIMLS, (X IOBLK I')')(.
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