Cummins -v- His Honour Judge MacCartan & ors [2005] IESC 67 (25 October 2005)

Cummins -v- His Honour Judge MacCartan & ors [2005] IESC 67 (25 October 2005)

Once the common law offence of assault was abolished by the Non-Fatal Offences Against the Person Act 1997, no prosecution or conviction could lawfully occur for that offence after 19 August 1997 in the absence of express transitional provisions. The Interpretation (Amendment) Act 1997 could not retrospectively validate such prosecutions without breaching constitutional rights. The applicant's conviction was a nullity and must be quashed.

Citation
[2005] IESC 67
Parties
Applicant/appellant: Michael Cummins; Respondent: Judge Patrick McCartan; Respondent: The Director of Public Prosecutions; Respondent: Ireland; Respondent: Judge Constantine O’Leary
Jurisdiction
Ireland
Judgment Date
25 October 2005
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Refusal of Certiorari
Outcome
Appeal allowed; High Court order set aside; certiorari granted; conviction quashed.
Legal Topics
Abolition of Common Law Offences, Retrospective Legislation, Certiorari, Due Process, Transitional Provisions, Interpretation of Statutes
Criminal Law Constitutional Law Abolition of Common Law Offences Retrospective Legislation Certiorari Due Process Transitional Provisions Interpretation of Statutes

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 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Cummins

Applicant/appellant

Judge Patrick McCartan

Respondent

The Director of Public Prosecutions

Respondent

Ireland

Respondent

Judge Constantine O’Leary

Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Refusal of Certiorari

Legal Issues

  1. 1 Whether a conviction for common law assault could stand after the offence was abolished by statute without transitional provisions
  2. 2 Whether the Interpretation (Amendment) Act 1997 could retrospectively validate such prosecutions
  3. 3 Whether proceedings pending before abolition of the offence could continue

Ratio Decidendi

Once the common law offence of assault was abolished by the Non-Fatal Offences Against the Person Act 1997, no prosecution or conviction could lawfully occur for that offence after 19 August 1997 in the absence of express transitional provisions. The Interpretation (Amendment) Act 1997 could not retrospectively validate such prosecutions without breaching constitutional rights. The applicant's conviction was a nullity and must be quashed.

Court Disposition

Appeal allowed; High Court order set aside; certiorari granted; conviction quashed.

Orders

  • Order of certiorari granted quashing the conviction of the applicant.
  • High Court order refusing relief set aside.