Crozier v Montgomery
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1945 |
| Date | 01 January 1945 |
| Court | King's Bench Division (Northern Ireland) |
Procedure - Summary Jurisdiction and Criminal Justice Act (N.I.), 1935, sec. 12, sub-secs. (1), (2) - Time limitation - Petty Sessions (Ir.) Act, 1851 (14 15 Vict., c. 93), s. 10, par. 4 - Applicability to indictable offences triable summarily.
By a summons, dated 17th March, 1944, the defendant was charged with stealing certain articles of the value of £5 18s. 6d. on 24th and 27th January, 1943. At Petty Sessions the complainant having stated the facts which he proposed to prove the Court thought it expedient to deal summarily with the offence, and the defendant when informed by the Court of her right to be tried by a jury consented to be dealt with summarily. The defendant pleaded "not guilty." The Court without hearing any evidence, dismissed the case on the ground that the prosecution was barred by sec. 10 of the Petty Sessions (Ir.) Act, 1851. On a Case Stated as to (1) whether the case could be dealt with summarily before hearing the evidence of any witness, and (2) whether the limitation period of six months under section 10, paragraph 4, of the Petty Sessions (Ir.) Act, 1851, applies in the case of an indictable offence when dealt with summarily under the Summary Jurisdiction and Criminal Justice Act (N.I.), 1935, Held (by Andrews L.C.J. and Black J.): —1. That a magistrate is entitled to raise a question of law in a Case Stated pursuant to the provisions of the Summary Jurisdiction Act, 1857, for the...
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