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GAZETTE
APRIL 1977
CRIMINAL LAW
Nolle prosequi
Entry — Statute requiring entry to be
made prior to indictment being
preferred to jury —Whether further
prosecution permissible — Whether
used as a device to set aside ruling of
trial Judge at abortive trial —
Criminal Justice (Admin.) Act, 1924,
S. 12 - (1976 No. 307 SS - Finlay
P. - 4/2/77).
The State (O'Callaghan)
v.
Ó
hUadhaigh.
Prosecution
Authority to initiate — Director of
Public Prosecutions — Further
prosecution after entry of nolle
prosequi in former proceedings —
Adverse ruling of trial Judge —
Further prosecution prohibited —
(1976 No. 307 SS - Finlay P. -
4/2/77).
The State (O'Callaghan)
v.
Ó
hUadaigh.
Prosecution
Authority to initiate — Summary
charges brought in the name of The
People and at the Suit of the Director
of Public Prosecutions — No express
authority to prosecute given by
D.P.P. —District Justice had power
to determine charges — Decision of
High Court (10/12/76) overruled -
(1 / 1977 - Supreme Court -
25/2/77).
The People (D.P.P.) v. Roddy.
Road Traffic
Insurance — User of motor vehicle
without insurance — Presumption of
contravention where unsuccessful
demand for production of insurance
policy made under S. 69 of Act —
Presumption available against owner
where unsuccessful demand made
against user — Road Traffic Act,
1961, SS. 56, 69 - (66/1976 -
Supreme Court - 23/2/77).
Lyons
v.
Cooney.
EVIDENCE
Admissibility
Tribunal — Natural justice — Medical
report as prima facie evidence —
Improperly used as superior to sworn
evidence to contrary effect — Descent
of medical assessor into arena behind
back of appellant - Social Welfare
(Insurance Appeals) Regulations,
1952 - Social Welfare Act, 1952, S.
44 (93/1973 - Supreme Court -
16/2/77).
Kiely v. Minister for Social Welfare.
Gift
Chattels — Delivery essential proof—
Constructive delivery — Life tenant
entering into possession of part of
settled property —Life tenant being
intended donee — (3/1975 —
Supreme Court - 23/2/77).
Conner v. Quintan.
Presumption
Criminal law — Road traffic — User
of motor vehicle without insurance —
S t a t u t o ry p r e s ump t i on of
contravention where unsuccessful
demand made under S. 69 for
production of insurance policy —
Presumption available against owner
where unsuccessful demand made to
user - Road Traffic Act, 1961, SS.
56, 69 - (66/1976 - Supreme Court
- 23/2/77).
Lyons
v.
Cooney.
NATURAL JUSTICE
Tribunal
Evidence — Medical report as prima
facie evidence — Improperly used as
superior to sworn evidence to
contrary effect — Descent of medical
assessor into arena behind back of
appellant — Social Welfare
(Insurance Appeals) Regulations,
1952 - Social Welfare Act, 1952, S.
44 - (93/1973 - Supreme Court -
16/2/77).
Kiely v. Minister for Social Welfare.
PERSONAL PROPERTY
Chattels
Gift inter vivos — Proof —Delivery
essential —Life tenant entering into
possession of part of house —
Intended subjects of gift situate in all
parts of house — Constructive
delivery — Inquiry as to which
chattels existing at time of inchoate
gift were situate in life tenant's
portion of house at date of
constructive delivery - (3/1975 —
Supreme Court - 23/2/77).
Conner v. Quintan.
POLICE
Dismissal
Recruit — Initial probationary period
of two years - Power of
Commissioner to dispense with
services of probationer during such
period — Power exercisable if
Commissioner considers recruit
physically or mentally unfit or not
likely to become efficient and well
conducted - Recruit absent through
sickness for 39 days — Termination
invalid - (1976 No. 421P -
McWilliam J. - 19/11/76).
Hynes v. Garvey.
SALE OF GOODS
Cattle
Intervention price — Contract before
announcement of intervention price
— Conflict of evidence about whether
seller entitled to all intervention price
— Seller's version of contract
accepted - (1975 No. 1580 -
McWilliam J. - 15/12/76).
Achates Investment Co. v. Cork Co-
operative Marts.