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Criminal Law

9th October 1890, a fateful day for solicitors

Morris was, probably, a counterfeit solicitor. Even so, as remarked by Dr. Watson’s companion, he had benefited Mr. Wilson, the red-headed pensioner by £30 and a deep knowledge of every subject coming under the letter “A” in the Encyclopaedia Britannica, before abruptly dissolving the League and ending Mr. Wilson’s income.

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The sequel to the Book of Evidence

It is currently unchallenged, in Ireland, that an accused person is entitled to access to the evidence, prior to trial, that the State intends to adduce against him/her at trial. In Ireland, for many years, the procedure to secure that entitlement for the accused was set out in the Criminal Procedure Act 1967. That Act conferred a role on the District Court, in indictable cases, in deciding whether to send a person forward for trial to the Circuit Court or […]

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I left my heart in San Francisco

At common law there is and never was a property in a human body. In the UK it is possible, apparently for property to subsist in part of a human body that being, allegedly, a consequence of the provisions of Section 4 of the Theft Act 1968 in the UK, on the grounds set out in R v Kelly [1999] QB 621 where a judge stated:

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Solicitors again!

Our profession has been getting a particularly bad press recently all of it deserved. The trouble is erupting even as far away as Los Angeles.

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Arbitration: Whut’s dat?

So, not only do the lawyers become judges but they thereafter scandalize the world (the non-lawyer world anyway; lawyers know more than they can tell).

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Shoplifting

The current Irish law on “shoplifting” is to be found in Section 8 of the Criminal Justice (Theft and Fraud Offences) Act 2001. The side note for the Section descriptively reads “Making off without payingâ€?.

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I have in my hand a piece of paper

This section is, of course, of immense benefit to a prosecutor. It permits the proof of two matters in one fell swoop, each of which, if required to be proved in some other fashion would generate multiple occasions or opportunities for the prosecutor to slip on the proverbial banana skin.

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Extraordinary Rendition and Extraordinary Stupidity

…some “specially trainedâ€? Garda officers have reported to the government that there is no evidence of CIA rendition through Shannon.

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Counterfeiting

So, fake statues may be authentic or may be copies. They may be claimed to be original or not so claimed.

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BRIBERY

It is odd that Irish politicians have resorted to the mantra “…no favours asked and no favours givenâ€?, in relation to the disclosure of payments, of one kind or another, to them. As an implied statement of law it is mistaken.

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