Attorney General (Shaughnessy) v Ryan (Cormack)

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1961
Date01 January 1961

Supreme Court.

Attorney General (Shaughnessy) v. Ryan (Cormack)
The ATTORNEY GENERAL (at the Prosecution of Superintendent M. Shaughnessy)
Complainant
and
CHRISTOPHER RYAN (Cormack), Defendant(1)

Criminal law - Attempted carnal knowledge - Parties to act not married - Attempt on girl over 15 years of age and under 17 years of age - Consent by girl - Whether such carnal knowledge unlawful - Whether consent of such girl a defence to charge of unlawful carnal knowledge - Conviction in District Court - Appeal to Circuit Court - Case stated - Criminal Law Amendment Act, 1935 (No. 6 of 1935), s. 2, sub-s. 2.

Case Stated by His Honour Judge Patrick J. Roe, Circuit Court Judge for the South-Eastern Circuit, sitting at Tipperary, pursuant to s. 16 of the Courts of Justice Act, 1947, for the determination of questions of law by the Supreme Court.

The following facts, as set out in the Case Stated, were proved or admitted:—"1, On the 17th August, 1955, the appellant, Christopher Ryan (Cormack), appeared before Justice Leo B. Skinner at Cashel District Court, charged with having on the 12th June, 1955, at Garrane, Cashel, attempted to have unlawful carnal knowledge of one, Mary Kavanagh, she being then a girl over the age of 15 years and under the age of 17 years, contrary to s. 2, sub-s. 2, of the Criminal Law Amendment Act, 1935, and the said Leo B. Skinner, being of opinion that the facts were proved and that they constituted a minor offence fit to be tried summarily and the said Christopher Ryan (Cormack) not objecting to be so tried on being informed of his right to be tried with a jury, did convict the said Christopher Ryan (Cormack) of the said offence and ordered him to be imprisoned for a period of two months in Limerick Prison.

2, The defendant appealed to the Circuit Court against the said conviction.

3, On the said hearing before me as Circuit Judge at the Court House, Tipperary, on the 26th October, 1955, the following facts were proved or admitted:—

(1) The said Christopher Ryan (Cormack) attempted to have carnal knowledge of Mary Kavanagh a girl at Garrane, Cashel, on the 12th June, 1955;

(2) The said Mary Kavanagh was born on the 14th April, 1940, and was on the 12th June, 1955, over the age of 15 years and under the age of 17 years;

(3) The said Mary Kavanagh fully consented to the attempt of Christopher Ryan (Cormack) to have carnal knowledge of her at Garrane, Cashel, on the 12th June, 1955;

(4) The said Christopher Ryan...

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6 cases
  • Coleman and Others v Ireland and Others
    • Ireland
    • High Court
    • 6 July 2004
    ...ACT 1885 S5(2) CRIMINAL LAW (AMDT) ACT 1935 S1(2) CRIMINAL LAW (AMDT) ACT 1935 S4 R V K 2002 1 AC 462 AG, SHAUGHNESSY V RYAN CORMACK 1960 IR 181 CRIMIANL LAW (AMDT) ACT 1935 S2(2) DPP V MURRAY 1977 IR 360 CRIMINAL JUSTICE ACT 1964 S1 CRIMINAL JUSTICE ACT 1964 S4 R V GALVIN (NO 20 1961 VR......
  • CC v Ireland
    • Ireland
    • Supreme Court
    • 23 May 2006
    ...distinct from the legislature, to choose between them. Cases mentioned in this report:- Attorney General (Shaughnessy) v. Ryan (Cormack) [1960] I.R. 181; (1960) 95 I.L.T.R. 197. Re B. (A minor) v. Director of Public Prosecutions [2000] 2 A.C. 428; [2000] 2 W.L.R. 452; [2000] 1 All E.R. 833.......
  • C.C. v Ireland, Attorney General, and DPP v P.G. v Ireland, Attorney General, and DPP
    • Ireland
    • Supreme Court
    • 12 July 2005
    ...and Ireland, the Attorney General, and The Director of Public Prosecutions Respondents Attorney General (Shaughnessy) v Ryan (Cormack) 1960 IR 181 1960 95 ILTR 197 B (A minor) v Director of Public Prosecutions 2000 2 AC 428 2000 2 WLR 452 2000 1 All ER 833 BC Motor Vehicle Act, In Re 1985......
  • C.W v The Minister for Justice, Ireland and the Attorney General and the Director of Public Prosecutions
    • Ireland
    • Supreme Court
    • 28 August 2023
    ...sexual exploitation. Thus, the young who did not yet understand sexual actions could not consent to sexual acts; AG (Shaughnessy) v Ryan [1960] IR 181 SC. Or, as in the maxim that fraud unravels everything, deceit as to the nature of a sexual action vitiates consent; R v Flattery [1877] 2 Q......
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1 books & journal articles
  • Crime control, the security state and constitutional justice in Ireland
    • United Kingdom
    • International Journal of Evidence & Proof, The No. 20-4, October 2016
    • 1 October 2016
    ...up to 5 years’ imprisonment for a first offence and up to 10 years’ for a subsequent offence.10. See Attorney General (Shaughnessy) vRyan [1960] IR 181 and Coleman vIreland [2004] IEHC 288.11. See Regina vCity of Sault Sainte Marine (1978) 85 DLR 161 per Dickson J.12. [2006] 4 IR 1 at 78–79......

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