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High Court refuses to quash Circuit Court refusal of an application to dismiss criminal charges (concerning the alleged possession of a so-called ‘jimmy bar’ and a screwdriver) before the trial of the action on the basis of insufficient evidence, finding that the question of the possession of the articles and whether there was an intention that they be used in a future crime was a more appropriate matter for a trial judge to deal with rather by way of judicial review.
Criminal law – judicial review – challenge to Circuit Court refusal of an application brought under s.4E of the Criminal Procedure Act 1967 – s.15(1) of the Criminal Justice (Theft & Fraud Offences) Act 2001 as amended by s.47(a) of the Criminal Justice Act 2007 – alleged possession of a so-called ‘jimmy bar’ and a screwdriver – whether there is a complete absence of evidence to suggest that the articles found in the applicant's possession (if they were in his possession and that requires to be proved and may never be proved) were in his possession with the intention that they be used in the course of a future theft – reliefs sought refused.
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