H. (B.) v. D.P.P. & Anor [2003] IESC 8 (6 February 2003)

H. (B.) v. D.P.P. & Anor [2003] IESC 8 (6 February 2003)

Section 2 of the 1996 Act does not create an offence; the Statement of Charges failed to specify which scheduled offence was alleged; therefore, the return for trial was invalid and the accused was not properly before the Circuit Court.

Citation
[2003] IESC 8
Parties
Applicant/respondent: B. H.; Respondent/appellant: Director of Public Prosecutions; Respondent/appellant: District Judge Gillian Hussey
Jurisdiction
Ireland
Judgment Date
06 February 2003
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order Quashing Return for Trial
Outcome
Appeal dismissed
Legal Topics
Sexual Offences, Jurisdiction Over Foreign Offences, Validity of Charge Statements, Interpretation of Sexual Offences (jurisdiction) Act 1996
Criminal Law Jurisdiction Sexual Offences Jurisdiction Over Foreign Offences Validity of Charge Statements Interpretation of Sexual Offences (jurisdiction) Act 1996

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Parties

B. H.

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

District Judge Gillian Hussey

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Quashing Return for Trial

Legal Issues

  1. 1 Whether section 2 of the Sexual Offences (Jurisdiction) Act, 1996 creates an offence or merely extends jurisdiction
  2. 2 Whether the Statement of Charges sufficiently specified a known offence under Irish law
  3. 3 Whether the return for trial was valid if the Statement of Charges was defective

Ratio Decidendi

Section 2 of the 1996 Act does not create an offence; the Statement of Charges failed to specify which scheduled offence was alleged; therefore, the return for trial was invalid and the accused was not properly before the Circuit Court.

Court Disposition

Appeal dismissed

Orders

  • High Court order quashing the return for trial affirmed