The Gazette 1995

DECEMBER 1995

GAZETIE

regulations a requisite proof to such prosecution - Whether any non– compliance rendered custody of the accused unlawful and in breach of the accused's constitutional rights– Whether resulting evidence rendered inadmissable - Whether accused prejudiced by any non-compliance - Road Traffic Act 1961, s. 49(6) - Criminal Justice Act 1984, s. 7 - Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Sfochana Stations) Regulations 1987, regs. 2(1), 8, 9, 11 Dolores Bowes v. His Honour Judge Devally and the Director of Public Prosecutions High Court (Geoghegan J) [1995] 2 ILRM 148 Sentence - Conviction for posession of drugs - Money found in room at time of arrest - Whether order directing forfeiture of money permissable - Whether property related to particular offence - Misuse of Drugs Act 1977, ss. 3, 30 - ,\1isuse of Drugs Act 1984, s. 6 Teresa Tate v. Minister for Social Welfare, Ireland and the Attorney General High Court and Esther Robinson and Drs. v. Minister for Social Welfare, Ireland and the Attorney General High Court (Carroll J) [1995] 1 ILRM 507 Effect of community law within the State - Directive - Direct effect - Failure by State to implement directive within prescribed period - Whether compensation payable in respect of failure to implement directive which has direct effect B. v. R. High Court (Costello P) [1995] 1 ILRM 491 Husband and wife - Marriage - Validity - Declaratory proceedings - Parties married to each other in a civil ceremony in the United States - Second marriage subsequently celebrated by the parties in Ireland - Whether second marriage a bigamous EUROPEAN COMMUNITY FAMILY LAW

marriage - Failure to comply with legal formalities under the Registration of Marriages (Ireland) Act 1863 - Offences Against the Person Act 1861, s. 27 - Registration of Marriages (Ireland) Act 1863, s. 11 O'R. v. B. High Court (Kinlen J.) [1995] 2 ILRM 57 Husband and wife - Nullity - Capacity to enter into a normal marital relationship Whether petitioner capable of enteri ng into caring and considerate relationship - Whether petitioner can rely on his own incpacity to enter normal marital relationship in circumstances where his spouse has not repudiated the marriage bond ACT Shipping (PTE) Limited v. Minister for the Marine, Ireland and the Attorney General High Court (Admiralty)(Barr J) [1995] 2 ILRM 30 Public international law - Ship in distress - Right of sanctuary at nearest maritime state - Rights arising from customary international law Whether such rights part of Irish domestic law - Whether sole and exclusive right of Oireachtas to make laws for the State inhibits the adoption of such customary international law into Irish domestic law - Constitution of Ireland 1937, Articles 15(2), 29(3) Thomas O'Rourke and Or. v. Grittar Supreme Court (Hamilton CJ, O'Flaherty and Blayney JJ) [1995] 1 ILRM 532 Application for new licence for sale of intoxicating liquor for consumption off premises - Applicant offering the extinguishment of two ordinary publican's seven day on-licences in return for the grant of an off-licence - Whether on-licence and off-licence of the same character - Licensing (Ireland) Act 1902, s. 2 - Intoxicating Liquor Act 1927, s. 1 - Intoxicating Liquor Act 1960, s. 13 INTERNATIONAL LAW LICENSING

CONSUMER

Package Holidays and Travel Trade Act 1995 (Commencement) Order 1995 (SI No. 235 of 1995) This Order fixes 1 September 1995 as the day on which s. 5 of the Package Holidays and Travel Trade Act 1995 (d. (1995) 13 ILT 90) came into operation and 1 October 1995 as the day on which the rest of the Act came into operation. These Regulations set an application fee of £250 for bodies which are applying to be approved bodies for the purpose of ss. 23 and 24 of the Package Holidays and Travel Trade Act 1995 (d. (1995) 13 ILT 90). The maximum period for which such approval may be granted is set at two years. The Regulations came into operation on 1 September 1995. Approved Bodies (Fees) Regulations 1995 (SI No. 236 of 1995) People (DPP) v. Noel Fowler Court of Criminal Appeal (O'Flaherty, O'Hanlon and Barr ))) [1995] 1 ILRM 546 Indictment - Alternate counts - Charge of stealing - Charge of handling stolen property - Evidence - Direction on one count - Second count put to jury - Whether there was sufficient evidence to put both counts to the jury - Effect of withdrawing count of larceny - Contents of trial judge's charge to the jury - Larceny Act 1916, ss. 33 and 40(5) - Larceny Act 1990, ss. 3, 4(b) and 8 Director of Public Prosecutions v. Eric Spratt High Court (O'Hanlon J) [1995] 2 ILRM 117 Case stated - Person charged under Road Traffic Acts - Failure of prosecutor to adduce evidence of compliance with regulations governing information to be given to persons in custody by the member in charge of a garda station - Whether regulations apply to persons arrested under Road traffic Acts - Whether evidence of compl iance with the CRIMINAL

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