Waxy O'Connors Ltd -v- Judge Riordan & others [2016] IESC 30 (08 June 2016)

Waxy O'Connors Ltd -v- Judge Riordan & others [2016] IESC 30 (08 June 2016)

Section 31(4) of the Intoxicating Liquor Act 1988, as amended, provides a constitutionally sufficient defence for a strict liability regulatory offence; the Oireachtas is entitled to delimit the defence to production of an age card, and this does not render the provision unconstitutional under Article 38.1. The temporary closure order is ancillary and does not elevate the offence beyond a minor regulatory matter.

Citation
[2016] IESC 30
Parties
Applicant/appellant: Waxy O'Connors Limited; Respondent: Judge David Riordan; Notice Party/respondent: Director of Public Prosecutions; Notice Party/respondent: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
08 June 2016
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review
Outcome
Appeal dismissed
Legal Topics
Strict Liability Offences, Sale of Alcohol to Minors, Due Diligence Defence, Constitutional Validity of Statutory Offences, Public Welfare Offences
Criminal Law Constitutional Law Regulatory Law Strict Liability Offences Sale of Alcohol to Minors Due Diligence Defence Constitutional Validity of Statutory Offences Public Welfare Offences

Case Brief

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Parties

Waxy O'Connors Limited

Applicant/appellant

Judge David Riordan

Respondent

Director of Public Prosecutions

Notice Party/respondent

Ireland and the Attorney General

Notice Party/respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court Dismissal of Judicial Review

Legal Issues

  1. 1 Whether s.31(4) of the Intoxicating Liquor Act 1988, as amended, is unconstitutional for failing to provide a due diligence defence
  2. 2 Whether the statutory defence is sufficient to meet constitutional requirements under Article 38.1
  3. 3 Whether the offence is one of strict or absolute liability

Ratio Decidendi

Section 31(4) of the Intoxicating Liquor Act 1988, as amended, provides a constitutionally sufficient defence for a strict liability regulatory offence; the Oireachtas is entitled to delimit the defence to production of an age card, and this does not render the provision unconstitutional under Article 38.1. The temporary closure order is ancillary and does not elevate the offence beyond a minor regulatory matter.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court affirmed
  • Conviction and penalty, including temporary closure order, upheld