Director of Public Prosecutions -v- Kudriacevas [2014] IEHC 53 (07 February 2014)

Director of Public Prosecutions -v- Kudriacevas [2014] IEHC 53 (07 February 2014)

The High Court has jurisdiction to enlarge the time for compliance with the procedural requirements of s. 2 of the Summary Jurisdiction Act 1857, as amended by s. 45 of the Criminal Justice (Miscellaneous Provisions) Act 2009 and the Rules of the Superior Courts. However, in this case, the sequence of steps required by s. 2 was not followed, as the notice of appeal was not served before transmission of the Case Stated to the High Court. The procedural defect was not cured by the subsequent amendment, and the relief sought in the notice of motion is refused.

Citation
[2014] IEHC 53
Parties
Prosecutor/respondent: Director of Public Prosecutions (at the suit of Garda Keith O’Brien); Accused/appellant: Slavikas Kudriacevas
Jurisdiction
Ireland
Judgment Date
07 February 2014
Procedural Posture
Application by Notice of Motion to Strike Out Appeal by Way of Case Stated / High Court Determination on Jurisdiction to Hear Appeal
Outcome
Relief refused; application to strike out appeal by way of Case Stated denied.
Legal Topics
Case Stated Procedure, Jurisdiction, Notice Requirements, Extension of Time, Summary Jurisdiction Act 1857
Criminal Law Procedural Law Case Stated Procedure Jurisdiction Notice Requirements Extension of Time Summary Jurisdiction Act 1857

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 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions (at the suit of Garda Keith O’Brien)

Prosecutor/respondent

Slavikas Kudriacevas

Accused/appellant

Procedural Posture

Application by Notice of Motion to Strike Out Appeal by Way of Case Stated / High Court Determination on Jurisdiction to Hear Appeal

Legal Issues

  1. 1 Whether failure to serve notice of appeal with a signed copy of the Case Stated as required by s. 2 of the Summary Jurisdiction Act 1857 deprives the High Court of jurisdiction to hear the appeal
  2. 2 Whether the amendment by s. 45 of the Criminal Justice (Miscellaneous Provisions) Act 2009 allows for extension of time and rectification of procedural defects

Ratio Decidendi

The High Court has jurisdiction to enlarge the time for compliance with the procedural requirements of s. 2 of the Summary Jurisdiction Act 1857, as amended by s. 45 of the Criminal Justice (Miscellaneous Provisions) Act 2009 and the Rules of the Superior Courts. However, in this case, the sequence of steps required by s. 2 was not followed, as the notice of appeal was not served before transmission of the Case Stated to the High Court. The procedural defect was not cured by the subsequent amendment, and the relief sought in the notice of motion is refused.

Court Disposition

Relief refused; application to strike out appeal by way of Case Stated denied.

Orders

  • Time for service of notice of appeal with a copy of the Case Stated on the respondent extended.
  • Time for transmission of the Case Stated to the High Court extended.