The Gazette 1978

accused in custody for purpose of question- ing him - (18/78 - C.C.A. - 11/12/78). The People (DPP.) v. O'Loughlln. Extradition Rule of speciality - Prisoner brought from England to Ireland - Prisoner convicted in Special Criminal Court on three charges des- cribed in extradition proceedings - Rule Of applicable) not infringed by trial in Special Criminal Court (No. 25 of 1978 - C.C.A. - 19/7/78). DP.P. v. Kenneth Littlqjohn. Gaming Slot machine - Definition of unlawful gaming - Definition including reference to repealed section of same Act - Subsidiary effect of repeal — Resultant prohibition against promo- tion of gaining by means of any dot machine - Gaming & Lotteries Act, 19S6, s. 4 - (1978 No. 35 S.S. - Costello J. - 10/3/78). DPP. (Broderlck) v. Flanagan. Indictment Form - Conviction in Special Criminal Court - Indictment bearing stamp of Circuit Court and containing reference to a jury —Not matters of exceptional public importance - Refusal of certificate under s. 29 of Courts of Justice Act, 1924 - (No. 25 of 1978 - C.C.A. - 19/7/78). DPP. v. Kenneth Littlqfohn. Judge Interventions — Jury trial - Defence frustrated - Interruptions not justified— Trial insatisfactory - Retrial directed - (64/77 - C.C.A. - 3/7/78). The People v. McGuinness. Larceny Defence - Claim ofright - Genuine belief in validity of claim sufficient — Defence should be left to jury even though claim without foundation in law or fact - (18/78 - C.C.A. - 11/12/78). The People (DPP.) v. O'Loughlln. Larceny "Northern Ireland" - Identifiable part of Ireland — Judicial notice — Charge under s. 33 of Larceny Act, 1916 - Charge not am- biguous - (150/77 - Supreme Court 27/1/78). The State (Gtlsenan) v. McMorrow. Minute Book Entry - District Court - Hearing of summary charge - Failure to enter com- plaint in minute book no bar to hearing com- plaint - Rules of the District Court, 1948, r. 83 - (1977 No. 447 SS. - Doyle J. - 30/1/78). DPP. v. GUI. Road traffic Insurance — Information — Insurer's statutory duty to keep records of certain specified information — Regulations purporting to impose on insurer duty to furnish "any information" required by police - Insured's natural right to privacy - Strict interpretation of penal enactment - Conviction for failure to supply information not specified - Conviction ultra vires - (1977 No. 539 SS - Doyle J. - 21/2/78). Murphy v. PMPA. Insurance Co. Road traffic Parking - Illegality - Vehicle used by employee - Employer prosecuted - Statutory defence if "such use" by employee was unauthorised - "Use" including perking - Employer expressly prohibiting illegal

CONVEYANCE Habendum

parking - Charge dismissed by District Court — Dismissal upheld on Case Stated - Road Traffic Act, 1961, ss. 3, 90 - (1977 No. 172 SS. - Finlay P. - 30/6/78). OToole v. Lffe Association of Scotland. Trial Appearance - Summary charge - No appearance by complainant — District Justice refusing to dismiss complaint and not. adjourning hearing - Effect - New identical charge based on complaint made out of time - First charge no longer subsisting - Rules of District Court, 1948, r. 64 (3) - Petty Sessions (Ir.) Act, 1851, s. 10(4) - (1977 No. 447 SS - Doyle J. - 30/1/78). DPP. v. GUI. Trial Judge's charge - Duty to explain defence clearly to jury - Absence of adequate explanation - Retrial ordered - Charge of obtaining goods by false pretences - Buyer's cheque dishonoured — Seller's title doubtful — (19/78 - C.C.A. - 11/12/78). The People v. Shanahan. Trial Judge's charge — Jury's attention drawn to inferences favourable to the prosecution but not those favourable to the defence — Retrial - (65/77 - C.C.A. - 2/12/77). The People (Attorney General) v. Lynch. Trial Jury — Offence carrying penalty of £100 fine and confiscation of fishing gear — Not a minor offence triable summarily — Fisheries (Consolidation) Act, 1959, s. 221 - (1977 No. 1809P - McWilliam J. - 10/2/78). Kostan v. Ireland. Aggravated damages - Landlord 's trespass - Flagrant interference with tenant 's rights - (1978 No. 191P - Kenny J. - 18/7/78). Whelan v. Madigan. Assessment Consequential loss - Nuisance — Quarry - Blasting - Diminution in value of plaintiff's house - Plaintiff compelled to leave house - Rent of alternative accommodation - (1977 No. 6215P — Costdlo J. - 4/5/78). Patterson v. Murphy. Assessment Deceit — Purchase of shares in company — Purchase induced by fraud - Cost of purchase less value of shares at date of acquisition - (204/77 - Supreme Court - 21/7/78). Northern Bank Finance v. Charlton. Assessment Fatal accident - Deceased farmer - Dependants - Intestacy - Dependants entitled to farm - Vesting of dependants interest accelerated by the death - Deduc- tion from total pecuniary loss — Valuation of farm - Farmhouse exduded - 66%of value ofremainderof land deductedfrom pecuniary loss to obtain net loss - Civil Liability Act, 1961, s. 49 - (177/76 - Supreme Court - 7/4/78). O'Sulltvan v. Coras Iompatr Elreann. Assessment Insurance — Premises destroyed by fire — Covenant by defendant lessee to insure and reinstate - Cost of reconstruction - £19,000 damages awarded to plaintiff lessor - (1975 5 DAMAGES Assessment

Words of limitation - Equitable estate — Ante nuptial marriage agreement - Grant to trustees on trust for intended husband for life - Similar assurance to intended wife - Hus- band and wife having joint power of appoint- ment over remainder — Remainder to children of marriage equally in default of appointment - No words of limitation in grant to children - Children within marriage consideration - Remainder vested in children in fee simple despite absence of words of limitation - (1976 No. 2395P - Costello J. - 20/7/78). Savage v. Nolan. CRIMINAL INJURIES Compensation Theft - Removal of wheels and tyres from motor car - Whether an injury to property — No damage to wheels or tyres proved — Held that compensation not recoverable - Local Government (Ireland) Act, 1898, s. 5 - (Circuit Appeal - Kenny J. - 10/10/78). Morlarty v. Corporation of Dublin. CRIMINAL LAW Appeal Delay - Certificate under s. 29 of Courts of Justice Act, 1924 - Application for certificate three years after appeal dismissed - Certificate refused - (No. 25 of 1978 - C.C.A. - 19/7/78). D.P.P. v. Kenneth Littlgfohn. Charge Venue — Person in custody under Act — Charge to be made in court — Emergency Powers Act, 1976, s. 2 - (1975 No. 288 SS - Finlay P. - 13/2/78). The State (Brennan) v. Mohan. Charge Venue — Whether person in custody under Act — If so, charge to be made in court — Emergency Powers Act, 1939, s. 30 - Suspect not in such custody - The State (Brennan) v. Mahon distinguished — (1978 No. I ll SS - Costdlo J. - 10/3/78). The State (Walsh) v. Maguire. Defence Provocation - Charge of murder — Provoca- tion, when established, does not negative intention but excuses it with regard to mqjor offence — Subjective test to be applied— Whether conviction for manslaughter could be recorded in trial for murder — (59/77 — C.C.A. - 17/4/78). The People (D.PP.) v. Mac Eoin. Detention Character - Suspect detained in police station - Later taken in car to scene of crime' and returned to police station —Whether suspect properly charged in police station after return - Whether charge should have been made in District Court - Emergency Powers Act, 1939, s. 30 - (1978 No. 111 SS - Costello J. - 10/3/78). The State (Walsh) v. Maguire. Evidence Admissibility - Statement of accused - Statement made eight hours after police in a position to charge accused with larceny of machinery - Accused held in custody during those hours for purpose of questioning him about cattle rustling - Statement admitted in evidence and áccused convicted of larceny of machinery - Conviction set aside being based on evidence procured by police deliberately ignoring accused's constitutional right to liberty — No lawful ground for detaining