(H.) B. v.D.P.P & Anor [2003] IESC 201 (6 November 2003)

(H.) B. v.D.P.P & Anor [2003] IESC 201 (6 November 2003)

The Statement of Charges failed to specify a known scheduled offence under Irish law, rendering the return for trial invalid. Section 2 of the 1996 Act does not create an offence but extends jurisdiction to try certain existing offences committed abroad. The accused was not properly before the Circuit Court due to the invalidity of the charge.

Citation
[2003] IESC 201
Parties
Applicant/respondent: B. H.; Respondent/appellant: Director of Public Prosecutions; Respondent/appellant: District Judge Gillian Hussey
Jurisdiction
Ireland
Judgment Date
06 November 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 Offences Committed Abroad, Requirements for Valid Charge, Interpretation of Sexual Offences (jurisdiction) Act 1996
Criminal Law Jurisdiction Sexual Offences Jurisdiction Over Offences Committed Abroad Requirements for Valid Charge Interpretation of Sexual Offences (jurisdiction) Act 1996

Case Brief

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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 disclosed a known offence under Irish law
  3. 3 Whether failure to specify the scheduled offence invalidates the return for trial

Ratio Decidendi

The Statement of Charges failed to specify a known scheduled offence under Irish law, rendering the return for trial invalid. Section 2 of the 1996 Act does not create an offence but extends jurisdiction to try certain existing offences committed abroad. The accused was not properly before the Circuit Court due to the invalidity of the charge.

Court Disposition

Appeal dismissed

Orders

  • High Court order quashing the return for trial affirmed