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CONVEYANCE
Habendum
Words of limitation - Equitable estate —
Ante nuptial marriage agreement - Grant to
trustees on trust for intended husband for life
- Similar assurance to intended wife - Hus-
band and wife having joint power of appoint-
ment over remainder — Remainder to children
of marriage equally in default of appointment
- No words of limitation in grant to children
- Children within marriage consideration -
Remainder vested in children in fee simple
despite absence of words of limitation -
(1976 No. 2395P - Costello J. - 20/7/78).
Savage v. Nolan.
CRIMINAL INJURIES
Compensation
Theft - Removal of wheels and tyres from
motor car - Whether an injury to property —
No damage to wheels or tyres proved — Held
that compensation not recoverable - Local
Government (Ireland) Act, 1898, s. 5 -
(Circuit Appeal - Kenny J. - 10/10/78).
Morlarty v. Corporation of Dublin.
CRIMINAL LAW
Appeal
Delay - Certificate under s. 29 of Courts of
Justice Act, 1924 - Application for
certificate three years after appeal dismissed
- Certificate refused - (No. 25 of 1978 -
C.C.A. - 19/7/78).
D.P.P. v. Kenneth Littlgfohn.
Charge
Venue — Person in custody under Act —
Charge to be made in court — Emergency
Powers Act, 1976, s. 2 - (1975 No. 288 SS
- Finlay P. - 13/2/78).
The State (Brennan) v. Mohan.
Charge
Venue — Whether person in custody under
Act — If so, charge to be made in court —
Emergency Powers Act, 1939, s. 30 -
Suspect not in such custody - The State
(Brennan) v. Mahon distinguished — (1978
No. I ll SS - Costdlo J. - 10/3/78).
The State (Walsh) v. Maguire.
Defence
Provocation - Charge of murder — Provoca-
tion, when established, does not negative
intention but excuses it with regard to mqjor
offence — Subjective test to be applied—
Whether conviction for manslaughter could
be recorded in trial for murder — (59/77 —
C.C.A. - 17/4/78).
The People
(D.PP.) v. Mac Eoin.
Detention
Character - Suspect detained in police
station - Later taken in car to scene of crime'
and returned to police station —Whether
suspect properly charged in police station
after return - Whether charge should
have been made in District Court -
Emergency Powers Act, 1939, s. 30 - (1978
No. 111 SS - Costello J. - 10/3/78).
The State (Walsh) v. Maguire.
Evidence
Admissibility - Statement of accused -
Statement made eight hours after police in a
position to charge accused with larceny of
machinery - Accused held in custody during
those hours for purpose of questioning him
about cattle rustling - Statement admitted in
evidence and áccused convicted of larceny of
machinery - Conviction set aside being based
on evidence procured by police deliberately
ignoring accused's constitutional right to
liberty — No lawful ground for detaining
accused in custody for purpose of question-
ing him - (18/78 - C.C.A. - 11/12/78).
The People (DPP.)
v.
O'Loughlln.
Extradition
Rule of speciality - Prisoner brought from
England to Ireland - Prisoner convicted in
Special Criminal Court on three charges des-
cribed in extradition proceedings - Rule Of
applicable) not infringed by trial in Special
Criminal Court (No. 25 of 1978 - C.C.A. -
19/7/78).
DP.P. v. Kenneth Littlqjohn.
Gaming
Slot machine - Definition of unlawful gaming
- Definition including reference to repealed
section of same Act - Subsidiary effect of
repeal — Resultant prohibition against promo-
tion of gaining by means of any dot machine
- Gaming & Lotteries Act, 19S6, s. 4 -
(1978 No. 35 S.S. - Costello J. - 10/3/78).
DPP. (Broderlck) v. Flanagan.
Indictment
Form - Conviction in Special Criminal Court
- Indictment bearing stamp of Circuit Court
and containing reference to a jury —Not
matters of exceptional public importance -
Refusal of certificate under s. 29 of Courts of
Justice Act, 1924 - (No. 25 of 1978 -
C.C.A. - 19/7/78).
DPP. v. Kenneth Littlqfohn.
Judge
Interventions — Jury trial - Defence
frustrated - Interruptions not justified— Trial
insatisfactory - Retrial directed - (64/77 -
C.C.A. - 3/7/78).
The People v. McGuinness.
Larceny
Defence - Claim ofright - Genuine belief in
validity of claim sufficient — Defence should
be left to jury even though claim without
foundation in law or fact - (18/78 - C.C.A.
- 11/12/78).
The People (DPP.) v. O'Loughlln.
Larceny
"Northern Ireland" - Identifiable part of
Ireland — Judicial notice — Charge under s.
33 of Larceny Act, 1916 - Charge not am-
biguous - (150/77 - Supreme Court
27/1/78).
The State (Gtlsenan) v. McMorrow.
Minute Book
Entry - District Court - Hearing of
summary charge - Failure to enter com-
plaint in minute book no bar to hearing com-
plaint - Rules of the District Court, 1948, r.
83 - (1977 No. 447 SS. - Doyle J. -
30/1/78).
DPP. v. GUI.
Road traffic
Insurance — Information — Insurer's
statutory duty to keep records of certain
specified information — Regulations
purporting to impose on insurer duty to
furnish "any information" required by police
- Insured's natural right to privacy - Strict
interpretation of penal enactment -
Conviction for failure to supply information
not specified - Conviction ultra vires -
(1977 No. 539 SS - Doyle J. - 21/2/78).
Murphy v. PMPA. Insurance Co.
Road traffic
Parking - Illegality - Vehicle used by
employee - Employer prosecuted -
Statutory defence if "such use" by employee
was unauthorised - "Use" including perking
- Employer expressly prohibiting illegal
parking - Charge dismissed by District
Court — Dismissal upheld on Case Stated -
Road Traffic Act, 1961, ss. 3, 90 - (1977
No. 172 SS. - Finlay P. - 30/6/78).
OToole v. Lffe Association of Scotland.
Trial
Appearance - Summary charge - No
appearance by complainant — District Justice
refusing to dismiss complaint and not.
adjourning hearing - Effect - New identical
charge based on complaint made out of time
- First charge no longer subsisting - Rules
of District Court, 1948, r. 64 (3) - Petty
Sessions (Ir.) Act, 1851, s. 10(4) - (1977
No. 447 SS - Doyle J. - 30/1/78).
DPP. v. GUI.
Trial
Judge's charge - Duty to explain defence
clearly to jury - Absence of adequate
explanation - Retrial ordered - Charge of
obtaining goods by false pretences - Buyer's
cheque dishonoured — Seller's title doubtful —
(19/78 - C.C.A. - 11/12/78).
The People v. Shanahan.
Trial
Judge's charge — Jury's attention drawn to
inferences favourable to the prosecution but
not those favourable to the defence — Retrial
- (65/77 - C.C.A. - 2/12/77).
The People (Attorney General) v. Lynch.
Trial
Jury — Offence carrying penalty of £100 fine
and confiscation of fishing gear — Not a
minor offence triable summarily — Fisheries
(Consolidation) Act, 1959, s. 221 - (1977
No. 1809P - McWilliam J. - 10/2/78).
Kostan v. Ireland.
DAMAGES
Assessment
Aggravated damages - Landlord
's
trespass
- Flagrant interference with tenant
's
rights -
(1978 No. 191P - Kenny J. - 18/7/78).
Whelan
v.
Madigan.
Assessment
Consequential loss - Nuisance — Quarry -
Blasting - Diminution in value of plaintiff's
house - Plaintiff compelled to leave house -
Rent of alternative accommodation - (1977
No. 6215P — Costdlo J. - 4/5/78).
Patterson v. Murphy.
Assessment
Deceit — Purchase of shares in company —
Purchase induced by fraud - Cost of
purchase less value of shares at date of
acquisition - (204/77 - Supreme Court -
21/7/78).
Northern Bank Finance v. Charlton.
Assessment
Fatal accident - Deceased farmer -
Dependants - Intestacy - Dependants
entitled to farm - Vesting of dependants
interest accelerated by the death - Deduc-
tion from total pecuniary loss — Valuation of
farm - Farmhouse exduded - 66%of value
ofremainderof land deductedfrom pecuniary
loss to obtain net loss - Civil Liability Act,
1961, s. 49 - (177/76 - Supreme Court -
7/4/78).
O'Sulltvan v. Coras Iompatr Elreann.
Assessment
Insurance — Premises destroyed by fire —
Covenant by defendant lessee to insure and
reinstate - Cost of reconstruction - £19,000
damages awarded to plaintiff lessor - (1975
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