The Gazette 1994

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GAZETTE AUGUST/SEPTEMBER 1994
has had to supplement with cases from
other common law jurisdictions. He is
also critical of the legislature: "All the
trouble involved in the reproduction
of works of law, and criminal law in
particular, would be greatly eased if
the Oireachtas were to take seriously
its function of law making and reform.
As a practitioner I can say this
derogation from duty of our
politicians has lead to chaos in the
criminal courts." As a suggested
antidote to this chaos the author has
included throughout relevant extracts
from the Model Penal Code of the
American Law Institute. This is for
the stated purpose of showing how
"chaos could be replaced by order by
the simple exercise of causing the law
to be written down." The author also
commends the code as a contrast
between the confusion of judge made
law and the simplicity, certainty and
ease of reference of a written text.
As one can see the author is not
reluctant to use blunt language where
he deems it necessary. For example,
I section 4 of the Criminal Law
Amendment Act 1935, the defects of
which are described as "many and
I obvious", is reproduced "as an
example of a useless law." It has to be
i said in defence of the legislature,
however, that in recent years it has
begun to undertake the task of reform
! of the criminal law in a serious
fashion. Last year saw the introduction
of five separate pieces of legislation
devoted exclusively to criminal law
! and procedure. This year has seen the
passage of the Criminal Justice (Public
Order) Act, the Road Traffic Act and
the Criminal Justice Act (dealing, inter
i alia, with confiscation of assets,
; money laundering and international
cooperation). A comprehensive Fraud
Bill has been promised for later in the
year. Indeed, the very section of the
Criminal Law Amendment Act which
the author has so roundly traduced has
been repealed and replaced since the
publication of the present volume.
I expect that the book was principally
! aimed at, and will be of most
assistance to, the law student. He/she
will benefit from the clear prose style,
the simple and effective examples
j cited throughout and the good choice
' of materials. A student will also obtain
useful guidance from the bibliography
which is attached to each chapter.
The practitioner, on the other hand,
may find that the bias towards
principles and concepts takes from the
usefulness of the book. The entire first
half of the book is taken up with
consideration of the basic principles of
criminal law, inchoate offences, the
parties to offences and the various
defences before the substantive
offences of homicide, assault and
property offences are reached.
Nonetheless, these areas of substantive
law are adequately dealt with,
although the treatment of property
offences was, in my view, somewhat
superficial. However, the aspect of the
book that will appeal most to the
practitioner is the final chapter which
contains over 180 draft charges,
ranging from murder to assault to
minor road traffic offences. Each draft
charge is cross referenced to the
section of the book where the offence
is discussed in the text. In addition,
many are very well annotated. I have
no doubt that the busy practitioner will
find these draft charges to be a most
useful "ready reckoner."
Barry Donoghue •
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Available for Advice on Construction /
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International Law Chambers:
Tel: (0044-71 221 5684)
Fax: (0044-71 221 5685)
English Agents: Agency work
undertaken for Irish solicitors in
both litigation and non-contentious
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C o m p e n s a t i on
F u n d P a y m e n t s
- O c t o b e r , 1 9 9 4
The following claim amounts were
admitted by the Compensation Fund
Committee and approved for payment
by the Council of the Law Society at
its meeting in October 1994.
IR£
John J. O'Reilly, 988.00
7 Farnham Street,
Cavan,
Co. Cavan.
St. John M. Donovan, 1,150.00
"Lawcus",
Stoneyford,
Co. Kilkenny.
Michael Collier, ,3,661.76
2 Ross Terrace,
Malahide,
Co. Dublin.
Malocco & Killeen, 14,992.07
Chatham House,
Chatham Street,
Dublin 2.
James C. Glynn, 58,984.44
Dublin Road,
Tuam,
Co. Galway.
John M. O'Dwyer, 8,053.00
40 North Great Georges St.,
Dublin 1.
Diarmuid Corrigan, 820.00
6 St. Agnes Road,
Crumlin,
Dublin 12.
, Anthony O'Malley, 1,110.00
1 James Street,
Westport,
Co. Mayo.
Jonathan P.T. Brooks,
17/18 Nassau Street,
Dublin 2.
•
57,913.70
147,672.97