D. P. P. -v- Rostas & Anor [2012] IEHC 19 (31 January 2012)

D. P. P. -v- Rostas & Anor [2012] IEHC 19 (31 January 2012)

The prosecution must adduce some evidence to show that the accused did not act pursuant to licence, permit or authorisation granted by or under statute. Once a prima facie case is established, the burden may shift to the accused to raise a reasonable doubt as to the legality of the begging.

Citation
[2012] IEHC 19
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Joe Lowney); Defendant: Florin Rostas; Prosecutor: Director of Public Prosecutions (at the suit of Garda Thomas O’Malley); Defendant: John Maughan
Jurisdiction
Ireland
Judgment Date
31 January 2012
Procedural Posture
Case Stated / Determination of a Question of Law Under S.52 of the Courts (supplemental Provisions) Act 1961
Outcome
Question answered in the affirmative for both cases stated.
Legal Topics
Burden of Proof, Begging Offences, Licence or Authorisation, Public Order
Criminal Law Evidence Burden of Proof Begging Offences Licence or Authorisation Public Order

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 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions (at the suit of Garda Joe Lowney)

Prosecutor

Florin Rostas

Defendant

Director of Public Prosecutions (at the suit of Garda Thomas O’Malley)

Prosecutor

John Maughan

Defendant

Procedural Posture

Case Stated / Determination of a Question of Law Under S.52 of the Courts (supplemental Provisions) Act 1961

Legal Issues

  1. 1 Whether the prosecution must adduce evidence that the accused did not act pursuant to licence, permit or authorisation under s.2 of the Criminal Justice (Public Order) Act 2011

Ratio Decidendi

The prosecution must adduce some evidence to show that the accused did not act pursuant to licence, permit or authorisation granted by or under statute. Once a prima facie case is established, the burden may shift to the accused to raise a reasonable doubt as to the legality of the begging.

Court Disposition

Question answered in the affirmative for both cases stated.

Orders

  • The prosecution must adduce some evidence that the accused did not act pursuant to licence, permit or authorisation under statute.