R v Taylar
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1960 |
| Date | 01 January 1960 |
| Court | Court of Criminal Appeal (Northern Ireland) |
Consent of Attorney-General to prosecution -Consent given in respect of possession at specific place - Indictment alleging possession in county - Doubt whether conviction related to possession at place specified in consent - Conviction quashed - Explosive Substances Act, 1883, ss. 4, 7.
The appellant was indicted at quarter sessions upon three charges arising out of an incident at Derryhealey in the County of Fermanagh on May 25, 1959, the third charge being that he had knowingly had in his possession or under his control explosive substances, to wit, a revolver and five rounds of ammunition, under such circumstances as to give rise to a reasonable suspicion that he did not have the same in his possession or under his control for a lawful object contrary to section 4 of the Explosive Substances Act, 1883. Section 7 of that Act provides that no proceedings in respect of an offence against the Act shall be taken without the consent of the Attorney-General. In this case the consent of the Attorney-General was given in respect of the appellant's possession of the explosive substances "at Derryhealey, Brookeborough, in the County of Fermanagh," but the indictment merely charged him with having committed the offence "in the County of Fermanagh." At the trial, the Crown put in a statement alleged to have been made by the appellant in which he admitted having had the revolver and ammunition at Derryhealey, but in his evidence the appellant denied the...
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Hksar v Cheung Wai Lung
...to proceed on the count as amended. 7. Giving the judgment of the court, Lord MacDermott CJ referred to its decision in R v. Taylor [1960] NI 136 and (at p. 229) said that the consent “is anything but a matter of form and that the indictment and trial should follow it in its material 8. Ms ......