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My stupidest question ever

Contra Proferentem · 2011-09-28 22:23:01

Recently been reading Kostan v Ireland, which deals with minor and non-minor offences and which declared summary trial of a s. 221 offence unconstitutional. But does that mean that Kostan would escape without punishment or would he just be indicted before the Circuit/High Court? I tried to find a Supreme Court appeal that…

28-09-2011 10:23PM

#1

Contra Proferentem

Closed Accounts Posts: 135 ✭✭

Join Date: March 2011

Posts: 120

Recently been reading Kostan v Ireland, which deals with minor and non-minor offences and which declared summary trial of a s. 221 offence unconstitutional.

But does that mean that Kostan would escape without punishment or would he just be indicted before the Circuit/High Court? I tried to find a Supreme Court appeal that was rumoured to go ahead shortly after the time of the case (the late 70s) but it there's no results on Justis or Westlaw.

My gut feeling is that the declaration by the High Court means that he would be tried with the same offence but it would be dealt with as a non-minor offence, requiring jury, etc.

Is my instinct right or wrong?

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