D.P.P. v. Timmons [2004] IEHC 423 (21 December 2004)

D.P.P. v. Timmons [2004] IEHC 423 (21 December 2004)

An offence that is indictable under statute retains its classification as an indictable offence even if tried summarily under S.53 of the 2001 Act; therefore, the six month time limit in S.10(4) of the 1851 Act does not apply.

Citation
[2004] IEHC 423
Parties
Prosecutor/applicant: Director of Public Prosecutions (at the suit of Garda Eamon O'Brien); Defendant/respondent: John Timmons
Jurisdiction
Ireland
Judgment Date
21 December 2004
Procedural Posture
Case Stated From District Court (children's Court) / High Court Judgment
Outcome
Questions answered: (i) No; (ii) No. Charge not statute barred. District Justice's dismissal incorrect in law.
Legal Topics
Summary Jurisdiction, Indictable Offences, Statutory Time Limits, Interpretation of Criminal Justice (theft and Fraud Offences) Act 2001
Criminal Law Summary Jurisdiction Indictable Offences Statutory Time Limits Interpretation of Criminal Justice (theft and Fraud Offences) Act 2001

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions (at the suit of Garda Eamon O'Brien)

Prosecutor/applicant

John Timmons

Defendant/respondent

Procedural Posture

Case Stated From District Court (children's Court) / High Court Judgment

Legal Issues

  1. 1 Does the six month time limit in S.10(4) Petty Sessions (Ireland) Act, 1851 apply to indictable offences tried summarily under S.53 Criminal Justice (Theft and Fraud Offences) Act, 2001?
  2. 2 Was the District Justice correct in law to dismiss charges where the accused had not yet been put on his election?

Ratio Decidendi

An offence that is indictable under statute retains its classification as an indictable offence even if tried summarily under S.53 of the 2001 Act; therefore, the six month time limit in S.10(4) of the 1851 Act does not apply.

Court Disposition

Questions answered: (i) No; (ii) No. Charge not statute barred. District Justice's dismissal incorrect in law.

Orders

  • First question answered 'no': six month time limit does not apply.
  • Second question answered 'no': District Justice not correct in law to dismiss charges where accused had not been put on his election.