Lambe v District Judge Hugh O Donnell & Ors [2006] IEHC 167 (13 January 2006)

Lambe v District Judge Hugh O Donnell & Ors [2006] IEHC 167 (13 January 2006)

The legal principles applicable in the related case of The Director of Public Prosecutions v. Gary Gregg apply equally here; the six month time limit does not bar the proceedings, and the application for judicial review is dismissed.

Source-derived case information.

Citation
[2006] IEHC 167
Parties
Applicant: Veronica Lambe; Respondent: District Judge Hugh O’Donnell; Respondent: District Judges of the Dublin Metropolitan District; Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
13 January 2006
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Time Limits for Prosecution, Summary Trial of Indictable Offences, Statutory Interpretation
Criminal Law Judicial Review Time Limits for Prosecution Summary Trial of Indictable Offences Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Veronica Lambe

Applicant

District Judge Hugh O’Donnell

Respondent

District Judges of the Dublin Metropolitan District

Respondent

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the six month time limit in s. 10(4) of the Petty Sessions (Ireland) Act, 1851 applies to summary trial of indictable offences under the Criminal Justice (Theft and Fraud Offences) Act, 2001
  2. 2 Whether the District Court proceedings were statute barred

Ratio Decidendi

The legal principles applicable in the related case of The Director of Public Prosecutions v. Gary Gregg apply equally here; the six month time limit does not bar the proceedings, and the application for judicial review is dismissed.

Court Disposition

Application dismissed

Orders

  • Judicial review application dismissed
  • No order of certiorari or prohibition granted