R (Peter Magee and Bernard Magee) v Justices of Down
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1935 |
| Date | 01 January 1935 |
| Court | King's Bench Division (Northern Ireland) |
Harbouring cattle unlawfully imported from Irish Free State -Jurisdiction of Justices - Certiorari - Power of Superior Court to review finding of Justices on collateral issue - Customs Consolidation Act, 1876 (39 40 Vict. c. 36), ss. 186, 259.
The prosecutors were convicted at the N. Petty Sessions before the Justices of D. for harbouring certain cattle unlawfully imported from the Irish Free State, with intent to defraud. It was admitted that no evidence had been given before the Justices proving that the cattle had been unlawfully imported but reliance was placed by the Justices on the description of the cattle, and the contradictory statements of the prosecutors. On behalf of the prosecutors it was submitted that they were entitled to a direction, as no evidence had been given that the cattle had been imported. The Justices refused this application and convicted the prosecutors. The prosecutors obtained a conditional order for the issue of a writ of certiorarito remove into the King's Bench Division for the purpose of being quashed the orders made by the Justices. Held, by the King's Bench Division (Moore, L.C.J., and Brown, J.), in making the conditional order absolute, that the Justices had no power to make an order convicting the prosecutors of harbouring cattle, unless it was...
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Petty v Biggerstaff
...of proof on the issues referred to in the section. R. (McBirney) v. Armagh JusticesDNI [1934] N.I. 212 and R. (Magee) v. Down JusticesDNI [1935] N.I. 51 overruled. ...