Attorney General (Shaughnessy) v Ryan (Cormack)
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1961 |
| Date | 01 January 1961 |
Supreme Court.
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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