Ahearn & anor -v- Brady & ors; Joyce -v- McNamara & anor [2015] IECA 240 (10 November 2015)

Ahearn & anor -v- Brady & ors; Joyce -v- McNamara & anor [2015] IECA 240 (10 November 2015)

Omission of 'without lawful authority or reasonable cause' from charge, conviction order, and warrant does not render them invalid where the offence is clearly identified by reference to statute and material facts; modern law as set out in Sugg's case governs and is satisfied.

Citation
[2015] IECA 240
Parties
Appellant: Colm Ahearn; Appellant: John Joyce; Respondent: District Judge Patrick Brady; Respondent: Director of Public Prosecutions; Respondent: Superior Courts Rules Committee; Respondent: District Judge Patricia MacNamara
Jurisdiction
Ireland
Judgment Date
10 November 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Certiorari, Conviction Order Validity, Road Traffic Act Offences
Criminal Law Judicial Review Certiorari Conviction Order Validity Road Traffic Act Offences

Case Brief

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Parties

Colm Ahearn

Appellant

John Joyce

Appellant

District Judge Patrick Brady

Respondent

Director of Public Prosecutions

Respondent

Superior Courts Rules Committee

Respondent

District Judge Patricia MacNamara

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether omission of 'without lawful authority or reasonable cause' from charge, conviction order, and warrant is fatal to validity under s. 113 of Road Traffic Act 1961
  2. 2 Whether such omission constitutes error on the face of the record justifying certiorari

Ratio Decidendi

Omission of 'without lawful authority or reasonable cause' from charge, conviction order, and warrant does not render them invalid where the offence is clearly identified by reference to statute and material facts; modern law as set out in Sugg's case governs and is satisfied.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed; conviction orders and warrants upheld