D.P.P. v. Bolger [2003] IEHC 32 (12 February 2003)

D.P.P. v. Bolger [2003] IEHC 32 (12 February 2003)

An assault charge under s.3 of the Non Fatal Offences Against the Person Act, 1997, even where the victim is a Garda, does not come within No.2 of the First Schedule to the Criminal Justice Act, 1951, as it does not require proof of obstruction of justice or law enforcement; therefore, the accused is not entitled to elect for trial on indictment in such circumstances.

Citation
[2003] IEHC 32
Parties
Prosecutor: The Director of Public Prosecutions (at the suit of Garda Rosaleen O'Connor); Accused: Christine Bolger
Jurisdiction
Ireland
Judgment Date
12 February 2003
Procedural Posture
Consultative Case Stated (criminal) / High Court Determination on Case Stated From District Court
Outcome
Questions posed answered in the negative; accused not entitled to elect for trial on indictment under s.3 of the 1997 Act.
Legal Topics
Assault, Summary Trial, Right to Elect for Trial on Indictment, Obstruction of Justice, Prosecutorial Discretion
Criminal Law Assault Summary Trial Right to Elect for Trial on Indictment Obstruction of Justice Prosecutorial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

The Director of Public Prosecutions (at the suit of Garda Rosaleen O'Connor)

Prosecutor

Christine Bolger

Accused

Procedural Posture

Consultative Case Stated (criminal) / High Court Determination on Case Stated From District Court

Legal Issues

  1. 1 Whether an assault charge under s.3 of the Non Fatal Offences Against the Person Act, 1997, where the victim is a Garda, comes within No.2 of the First Schedule to the Criminal Justice Act, 1951 (obstruction of the administration of justice or enforcement of the law)
  2. 2 Whether the accused is entitled to elect for trial on indictment in such circumstances

Ratio Decidendi

An assault charge under s.3 of the Non Fatal Offences Against the Person Act, 1997, even where the victim is a Garda, does not come within No.2 of the First Schedule to the Criminal Justice Act, 1951, as it does not require proof of obstruction of justice or law enforcement; therefore, the accused is not entitled to elect for trial on indictment in such circumstances.

Court Disposition

Questions posed answered in the negative; accused not entitled to elect for trial on indictment under s.3 of the 1997 Act.