Dillon -v- McHugh & anor [2013] IESC 50 (30 October 2013)

Dillon -v- McHugh & anor [2013] IESC 50 (30 October 2013)

District Court Judge has statutory authority under s. 4A Criminal Procedure Act 1967 to send accused forward for trial in hybrid offences with DPP consent; Reade v. Judge Reilly & Anor is distinguished and not binding in these circumstances; DPP is not estopped from prosecuting after indicating intention to enter nolle prosequi.

Citation
[2013] IESC 50
Parties
Applicant/appellant: Eamon Dillon; Respondent: Judge David McHugh; Respondent: The Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
30 October 2013
Procedural Posture
Judicial Review Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Hybrid Offences, Jurisdiction of District Court, Return for Trial, Consent of DPP, Procedural Powers
Criminal Law Judicial Review Hybrid Offences Jurisdiction of District Court Return for Trial Consent of DPP Procedural Powers

Case Brief

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Parties

Eamon Dillon

Applicant/appellant

Judge David McHugh

Respondent

The Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether District Court Judge has power to send forward for trial in hybrid offence absent DPP consent
  2. 2 Whether DPP is estopped from prosecuting after indicating intention to enter nolle prosequi
  3. 3 Interpretation of s. 4A Criminal Procedure Act 1967

Ratio Decidendi

District Court Judge has statutory authority under s. 4A Criminal Procedure Act 1967 to send accused forward for trial in hybrid offences with DPP consent; Reade v. Judge Reilly & Anor is distinguished and not binding in these circumstances; DPP is not estopped from prosecuting after indicating intention to enter nolle prosequi.

Court Disposition

Appeal dismissed

Orders

  • Reliefs sought refused
  • Appellant to pay respondents’ costs