Attorney General (Superintendent Ryan) v Egan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1949
• Date: 01 January 1949
• Court: High Court

Cir. Ct.

H.C.

Attorney General

and

Lannigan

Attorney-General (Superintendent Ryan)

and

Egan

Admissibility - Witness -Competency - Mode of ascertaining - Rape - Unlawful carnal knowledge of feeble - minded person -Test may be administered in absence of jury sworn to try the case - Admissibility of statement made by accused - Statement made after an hour in "day room" - Made in answer to questions put "to establish crime" - Practice.

Admissibility - Witnesses - Competency and compellability - Collision between two vehicles - Both drivers charged with offences under the Road Traffic Act, 1933 -Whether each competent and compellable to give evidence against the other.

The accused was charged with (a) rape, (b) unlawful carnal knowledge, of a feeble-minded woman or girl, he then knowing she was feeble-minded, contrary to the Criminal Law Amendment Act, 1935, s. 4 (1). Objection was taken by counsel for the accused to (i) the test as to the competency of the witness being made in the presence of the jury sworn to try the case and (ii) the admissibility of portion of a statement made by the accused which portion was elicited in answer to questioning "to establish the crime." Held, that, when the competency of the witness was a matter to he decided by the jury in considering the second charge, the test as to her competency to give evidence should be made in the absence of the jury; held, further, that a statement made by the accused in answer to questions put to him in order to establish the crime was inadmissible.

Two vehicles were in collision on the public highway and as a result thereof the drivers of both were charged with inter alia dangerous driving. Both cases were listed in the District Court for the same day, but it was decided to take them separately and E's case was taken first. The prosecution proposed to prove...