Attorney General (Lambe) v Fitzgerald

JurisdictionIreland
Judgment Date04 December 1973
Date04 December 1973
Docket Number[S.C. No. 85 of 1973]
CourtSupreme Court
Attorney General (Lambe) v. Fitzgerald
THE ATTORNEY GENERAL (at the Suit of Superintendent John J. Lambe)
Complainant
and
MICHAEL FITZGERALD
Defendant.
[S.C. No. 85 of 1973]

Supreme Court.

Circuit Court - Jurisdiction - Appeal from District Court in criminal case - Plea of guilty in District Court - Whether appeal against conviction lies to Circuit Court - Courts of Justice Act, 1928 (No. 15), s. 18.

Having pleaded guilty in the District Court to a certain charge, the defendant was convicted and sentenced by the District Justice. The defendant appealed to the Circuit Court against his conviction and sentence. At the hearing of the appeal, the prosecution submitted that the Circuit Court had no jurisdiction to allow the defendant to withdraw his plea. At the hearing of a Case stated by the Circuit Court judge, it was

Held by the Supreme Court (FitzGerald C.J., Walsh, Budd, Henchy and Griffin JJ.), in answer to the questions posed, 1, that an appeal to the Circuit Court in a criminal case, where the conviction and the sentence are in issue, should be conducted as a rehearing of the proceedings in the District Court.

2. That, accordingly, the Circuit Court was bound to allow an appellant against conviction to plead "not guilty" at the hearing of the appeal.

Case Stated.

On the 3rd November, 1972, the defendant pleaded guilty in the District Court (District No. 14) to a charge of larceny contrary to s. 2 of the Larceny Act, 1916. On the 10th November he was sentenced to imprisonment for a period of 11 months. The defendant appealed to the Circuit Court against his conviction and sentence. The Circuit Court (Mr. Justice O Briain) stated a case for the determination of the Supreme Court pursuant to s. 16 of the Courts of Justice Act, 1947. Paragraphs 4-7 of the Case were in the following terms:—

"4. The said Michael Fitzgerald had appealed against conviction and sentence and wished to withdraw his plea of 'guilty' and to enter a plea of 'not guilty' to the said charges then under appeal before the Circuit Court alleging that the said plea of 'guilty' entered in the District Court was made by the appellant as a result of improper inducements by the Gardai.

5. It was admitted that the said plea of guilty was not made by reason of any mistake or misunderstanding as to the nature of such plea on the part of the appellant.

6. It was submitted on behalf of the prosecution that there was not jurisdiction to allow the appellant to withdraw his plea...

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16 cases
  • Cornelius Duggan v District Judge Con O'Leary and Another
    • Ireland
    • High Court
    • 11 Marzo 2015
    ...that his conviction was other than correct as distinct from the sentence. 25 17. Henchy J. in The Attorney General (Lambe) v Fitzgerald [1973] I.R. 195 quoted the following dictum of Davitt J. in The State (McLoughlin) v Shannon [1948] I.R. 439, 449:- "...when a defendant...takes an appea......
  • Brennan v The Governor of Castlerea Prison, Maguire v Governor Dochas Centre
    • Ireland
    • Supreme Court
    • 8 Febrero 2019
    ...of authorities. It would be helpful to examine some of those. 36 The first such case I wish to refer to is A.G. (Lambe) v. Fitzgerald [1973] I.R. 195. That was a case stated which considered the role of the Circuit Court in circumstances where an appellant had pleaded guilty in the Distric......
  • McCann v Groarke
    • Ireland
    • High Court
    • 3 Mayo 2001
    ...APPLICANT AND HIS HONOUR, JUDGE RAYMOND GROARKE AND THE DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENTS Citations: LAMBE, AG V FITZGERALD 1973 IR 195 RSC O.26 r2 MCMONAGLE, R V DONEGAL JUSTICES 1905 2 IR 644 DUNNE, STATE V MARTIN 1982 IR 229 R V HOME SECRETARY, EX-PARTE AL-MEHDAWI 1990 1 AC ......
  • State (Stanbridge) v Mahon
    • Ireland
    • High Court
    • 1 Enero 1979
    ...(Williams) .v. Kelly (Number 2) 1970 I.R. 271; The State (Attorney General) .v. Deale 1973 I.R. 180; The State(Lambe) .v. Fitzgerald 1973 I.R. 195 and The State (Shannon) .v. OhUadhaigh 1975 I.R. 8Each prosecutor stood before the District Justice as a self-confessed criminal offender fo......
  • Request a trial to view additional results

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