The Gazette 1989

APRIL 1989

GAZETTE

5. Duff -v- Sheehan, unreported Supreme Court July 5, 1976. 6. Wilson -v- Sheehan 11979] IR 23. 7. State (Furlong) -v- Kelly 119711 IR 132, Ó Dálaigh C. J. at 141. 8. Wyatt -v- McLoughlin 11974] IR 378, Walsh J. at 401, Henchy J. at 403, Griffin J. at 404. 9 This effectively reverses Walsh J.'s judgment in Furlong's case, with which Budd J. agreed, requiring a proper factual description of the ingredients of the offence 10. Hanlon -v- Fleming [1981] IR 489 at 499, R. -v- Neiser [1958] 3 All E R 622. 11. This last point was not argued in the Supreme Court, nor was there any expert evidence to support it. 12. R. -v- Caldwell [1982] AC 341. 13. People (A-G) -v- Dwyer [1972] IR 416, all other common law countries reject this defence as to the positon on provocation, see People (DPP) -v- MacEoin [1978] IR 3 60 wh i ch postulates a subjective test. 14. These are partially set out in the Law Reform Commission Reports on Receiving (Chapter 2) and Malicious Damage (Chapter 3 and Chapter 7). 15. A clear warning is given by Henchy J. at page 499 of the Report in Hanlon - v- Fleming that the system of corres- pondence has almost broken down and a new Act is needed simply listing offences for which extradition will be granted thereby dispensing with the correspondence doctrine. 1. Section 47. 2. Section 53. . 3. Section 29. 4. Section 26(1 Ha). 5. Section 25(a). 6. District Court unreported June 13, 1988 and see The Irish Times, June 14, 1988. 7. An admission is, of course, an exception to the rule against hearsay; Sullivan -v- Robinson [1954] IR 161. 8. Section 55 as amended by section 2 of the Extradition (Amendment) Act 1987 (Part III), and section 26 and 27 (Part II). 9. As submitted by the defence in McVeigh. 10. High Court unreported May 27, 1976. 11. Re Parisot (1889) 5 TLR, 344, D.C.; and see R. -v- Finkelstein and Trusovich [18861 16 Cox. C.C. 107. The Burden of Proof and the Burden of Adducing Evidence 1. In the UK the standard is the balance of probabilities. 2. Russell -v- Fanning [1988] ILRM 333. 3. On this generally see Cross Jones and Card - Criminal Law, Butterworths, 1988, 7.9. 4. Hill -v- Baxter [1958] 1 QB 277 at 284. 5. People (A-G) -v- Quinn [1965] IR 366 at 382/383. Points of Departure 1. State (McFadden) -v- Governor of Mountjoy [1981] ILRM 113. 2. State (Holmes) -v- Furlong [19671 IR 210. 3. Section 48(3). • Identity

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