Application_of_Precedent in irish law

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Phyllis D


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January 13, 2014








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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 opinion; two dissenting judges (Finlay and Henchy JJ) held that no right of appeal • In Considine, two points were different from O’Shea; o O’Shea dealt with Article 34...
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District Court to the Circuit Court) o O’Shea dealt with an appeal from a jury verdict while Considine dealt with a judge’s decision. • Costello J felt the principles laid down by the SC were binding on him. But what were those principles? The decision in O’Shea was: •Article 34.4.3 (appeals to Supreme Court from High Court) was not limited by Article 38...
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