Grodzicka -v- Judge Ni Chonduin & Anor [2009] IEHC 475 (30 October 2009)

Grodzicka -v- Judge Ni Chonduin & Anor [2009] IEHC 475 (30 October 2009)

The District Judge's amendment of the charge sheet, even if erroneous, was an error within jurisdiction and not subject to judicial review; refusal to state a consultative case was not unlawful as no evidence had been heard and no facts found to support a question of law.

Citation
[2009] IEHC 475
Parties
Applicant: Iwona Grodzicka; First Respondent: Judge Aingeal Ní Chondúin; Second Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
30 October 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused; application dismissed
Legal Topics
Amendment of Charge Sheet, District Court Powers, Consultative Case Stated, Functus Officio, Time Limits for Prosecution
Criminal Law Judicial Review Procedural Law Amendment of Charge Sheet District Court Powers Consultative Case Stated Functus Officio Time Limits for Prosecution

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Parties

Iwona Grodzicka

Applicant

Judge Aingeal Ní Chondúin

First Respondent

Director of Public Prosecutions

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether amendment of charge sheet amounted to substitution of a different offence
  2. 2 Whether District Judge was functus officio when refusing to state a consultative case
  3. 3 Whether refusal to state a consultative case under s.52 Courts (Supplemental Provisions) Act 1961 was lawful

Ratio Decidendi

The District Judge's amendment of the charge sheet, even if erroneous, was an error within jurisdiction and not subject to judicial review; refusal to state a consultative case was not unlawful as no evidence had been heard and no facts found to support a question of law.

Court Disposition

Relief refused; application dismissed