In the Irish Courts
| DOI | 10.1177/002201836603000207 |
| Published date | 01 April 1966 |
| Date | 01 April 1966 |
| Subject Matter | Article |
In the Irish Courts
SUPREME
COURT
IN
EIRE
WHAT
IS A
MINOR
OFFENCE?
Conroy 'D.
A.
G. fEj Keaveney
THE difficulties which may arise out of a well-meaning
attempt to confer an absolute right to
jury
trial in certain
circumstances were well illustrated in Conroy o. A.G. fEj
Keaveney (a note on which appears in 99
I.L.T.
fEj
S.J.
359).
The
Irish constitution contains a general provision guarantee-
ing the right of trial by
jury
to those on a criminal charge except
where the charge is one of a minor offence. In the instant case,
the defendant was charged with driving a mechanically
propelled vehicle while under the influence of intoxicating
liquor.
This
charge was laid by a member of the police force
and was heard in the District Justice's Court on 28th May,
when the hearing was adjourned.
The
defendant thereupon
commenced proceedings in the High Court, where he claimed
a declaration that the provisions of the Road Traffic Act, 1961,
which enabled a person to be charged with an offence under
s. 49 (I) of the Act in a court of summary jurisdiction, were
contrary to the Constitutional provision cited above. At the
next hearing of the charge in the District Court, the District
Justice refused an application for a further adjournment until
a date after the decision of the claim made in the High Court.
The
defendant then obtained from the High Court a con-
ditional order of prohibition to prevent the District Justice
from further hearing the charge pending the determination of
the constitutional issue to be decided in the High Court. Cause
being shown on behalf of the District Justice against the
making of this order, the matter was argued in principle before
Kenny J. in the High Court.
It
was there held that the offence
charged was not a minor offence and that it could, therefore,
not be tried without ajury. Upon appeal to the Supreme
Court, however, it was finally held that such a charge is one of
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