AG v Kirwan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1955
• Date: 01 January 1955
• Court: Court of Criminal Appeal

C.C.A.

The People (Attorney General)

and

Kirwan and Another

Bail after conviction - Charges of conspiracy to assault and with assault occasioning actual bodily harm - Conviction by jury - Inconsistency of verdict - Certificate for leave to appeal granted by trial judge - Difference in position of convicted person and person awaiting trial - Delay in hearing appeal -Opposition to bail by the Attorney general -Shortness of sentence.

C.K. and M.K. were convicted on two counts of conspiracy to assault and of assault occasioning actual bodily harm. The trial Judge granted a certificate for leave to appeal to the Court of Criminal Appeal on the grounds that the findings of the jury were inconsistent. The applicants then made application for bail to the trial Judge which was refused. Both were sentenced to twelve months imprisonment with hard labour and they appealed to the Court of Criminal Appeal for bail pending the hearing of their appeal. It appeared that the transcript could be ready within about three weeks of the date of the application and so the appeal could go on. At the time of the application the Notice of Appeal based upon the certificate together with a notice of application for leave to appeal on grounds other than those contained in the certificate had been lodged. The Attorney General opposed the granting of bail. Held: The fact that the applicants had been convicted by a jury weighed down the scales heavily against them and the mere certificate of the trial Judge that their cases were fit for appeal, while going far to redress the...