O'C. (S.) v. Governor of Curragh Prison [2001] IESC 68 (13 July 2001)

O'C. (S.) v. Governor of Curragh Prison [2001] IESC 68 (13 July 2001)

The offence of indecent assault was not misdescribed by reference to its former name, nor was it abolished by the Non-Fatal Offences against the Person Act, 1997, as it is a distinct common law offence unaffected by that Act. The legislative history and statutory context confirm that sexual offences were not intended to be repealed or altered by the 1997 Act.

Citation
[2001] IESC 68
Parties
Applicant: Applicant; Complainant: L. M.; Notice Party: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
13 July 2001
Procedural Posture
Criminal Appeal / Constitutional Challenge / Appeal From High Court Judgment
Outcome
Appeal dismissed; High Court order affirmed.
Legal Topics
Indecent Assault, Sexual Assault, Repeal of Offences, Transitional Provisions, Statutory Interpretation
Criminal Law Constitutional Law Indecent Assault Sexual Assault Repeal of Offences Transitional Provisions Statutory Interpretation

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 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Applicant

Applicant

L. M.

Complainant

Director of Public Prosecutions

Notice Party

Procedural Posture

Criminal Appeal / Constitutional Challenge / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the offence of indecent assault was misdescribed after statutory changes
  2. 2 Whether the offence of indecent assault was abolished by the Non-Fatal Offences against the Person Act, 1997
  3. 3 Whether transitional provisions or retroactive penalties arise under the Interpretation (Amendment) Act, 1997

Ratio Decidendi

The offence of indecent assault was not misdescribed by reference to its former name, nor was it abolished by the Non-Fatal Offences against the Person Act, 1997, as it is a distinct common law offence unaffected by that Act. The legislative history and statutory context confirm that sexual offences were not intended to be repealed or altered by the 1997 Act.

Court Disposition

Appeal dismissed; High Court order affirmed.

Orders

  • The appeal is dismissed.
  • The order of the learned High Court Judge is affirmed.