Application_of_precedent In Irish Law
The Application of Precedent
• The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case.
Example 1
• Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state, but is difficult to apply in practice’
• The issue: after a not guilty verdict (acquittal) in the District Court, could an appeal could be brought to the Circuit Court by the prosecution as provided for in S. 310 of the Fisheries (Consolidation) Act 1959?
• The relevant precedent: The People (DPP) v O’Shea [1982].
• 3-2 majority of the SC: an appeal against an acquittal lies to the Supreme Court from the Central Criminal Court.
• Two members of the majority (O’Higgins and Walsh JJ) suggested the SC could order a retrial if the appeal was successful; other majority judge (Hederman) expressed no......
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Application_of_precedent In Irish Law
Application_of_Precedent in irish law. The Application of Precedent • The
process: relevant circumstances in the present case; rule ...
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