Grealis v. D.P.P. [2001] IESC 50; [2002] 1 ILRM 241 (31 May 2001)

Grealis v. D.P.P. [2001] IESC 50; [2002] 1 ILRM 241 (31 May 2001)

Where a common law offence is abolished by statute without transitional or saving provisions, prosecutions for that offence cannot be maintained after abolition. The 1997 Interpretation Act cannot retrospectively validate such prosecutions where proceedings were initiated before its commencement, due to constitutional limitations. 'Assault occasioning actual bodily harm' under s.47 of the 1861 Act is a statutory offence, not a common law offence, and prosecutions for it may proceed under the Interpretation Act 1937.

Citation
[2002] 1 ILRM 241
Parties
Applicant/respondent: Padraic Grealis; Applicant: Emmett Corbett; Respondent/appellant: Director of Public Prosecutions; Respondent/appellant: Ireland; Respondent/appellant/notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
31 May 2001
Procedural Posture
Judicial Review (prohibition) / Constitutional Challenge / Supreme Court Appeal and Cross Appeal From High Court
Outcome
Appeal of DPP and Attorney General in Grealis allowed in part and dismissed in part; cross-appeal of Grealis dismissed; appeal of Corbett allowed; prohibition granted in both cases for common law offences abolished by the 1997 Act, but prosecution for statutory offence under s.47 of the 1861 Act may proceed.
Legal Topics
Abolition of Common Law Offences, Retrospective Legislation, Transitional Provisions, Statutory Offences Vs Common Law Offences, Separation of Powers, Interpretation of Saving Provisions
Criminal Law Constitutional Law Statutory Interpretation Abolition of Common Law Offences Retrospective Legislation Transitional Provisions Statutory Offences Vs Common Law Offences Separation of Powers +1 more

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Parties

Padraic Grealis

Applicant/respondent

Emmett Corbett

Applicant

Director of Public Prosecutions

Respondent/appellant

Ireland

Respondent/appellant

Attorney General

Respondent/appellant/notice Party

Procedural Posture

Judicial Review (prohibition) / Constitutional Challenge / Supreme Court Appeal and Cross Appeal From High Court

Legal Issues

  1. 1 Whether prosecutions may be maintained for common law offences abolished by statute in the absence of transitional provisions
  2. 2 Whether 'assault occasioning actual bodily harm' under s.47 Offences Against the Person Act 1861 is a statutory or common law offence
  3. 3 Whether the Interpretation (Amendment) Act 1997 is constitutional and applies to pending prosecutions

Ratio Decidendi

Where a common law offence is abolished by statute without transitional or saving provisions, prosecutions for that offence cannot be maintained after abolition. The 1997 Interpretation Act cannot retrospectively validate such prosecutions where proceedings were initiated before its commencement, due to constitutional limitations. 'Assault occasioning actual bodily harm' under s.47 of the 1861 Act is a statutory offence, not a common law offence, and prosecutions for it may proceed under the Interpretation Act 1937.

Court Disposition

Appeal of DPP and Attorney General in Grealis allowed in part and dismissed in part; cross-appeal of Grealis dismissed; appeal of Corbett allowed; prohibition granted in both cases for common law offences abolished by the 1997 Act, but prosecution for statutory offence under s.47 of the 1861 Act may proceed.

Orders

  • Order of prohibition granted in respect of prosecutions for common law assault offences abolished by the 1997 Act.
  • Order refusing prohibition in respect of prosecution for statutory offence under s.47 Offences Against the Person Act 1861.