Some arising are (1) strict / absolute liability - CC v Ireland and what happens next etc...bringing in Re Article 26 and the Employment Equality Bill Reference 1997 on the need for strict liability (2) the constitutional limits on how one can define a crime (3) the constitutional limitation on the DC jurisdiction - i.e. minor offences
There may be more, but I'm really trying to remember the name to a particular 1990's rock ballad right now and its taking over my brain. Brian -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of McB Sent: 06 March 2010 19:18 To: FE-1 Study Group Subject: Constitutional Q - October 2009 Q2 Hi everyone, Does anyone have an idea as to the issues arising in Q2 Oct 09? Q. The Oireachtas enacts the Protection of Official Records Act 2009. S1 of the Act defines an official record as 'any record which it would not have intended to release'. Secion 2 of the Act creates a criminal offence of 'releasing official records without authorisation'. The offence is punishable by 5 years imprisonment and/or fine of €10k. The offence is tried summarily before a District Court judge. Billy is a civil servant in the Dept of Economic Affairs. His job is to release documents to the media that have been authorised for release by the relevant officer. His superior officer gives him a file which is to be sent to a journalist with the Irish Herald. Unknown to him, the file contains a document, the release of which has not been authorised. He sends the full file to the journalist, who publishes the material in a front- page story. Billy charged with offence under s2 of the Act. Advise him, if it is possible to prevent prosecution on grounds of Irish constitutional law. * * * * I can only identify the issues in paragraph 2 about distinction between minor and non-minor offences. I'm at a loss as to identifying other issues. Thanks, Aoife -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/fe-1-study-group?hl=en-GB. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.435 / Virus Database: 271.1.1/2726 - Release Date: 03/06/10 07:39:00 -- You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/fe-1-study-group?hl=en-GB.
