Attorney General (The People) v Fennell (No. 2)

JurisdictionIreland
Judgment Date18 June 1940
Date18 June 1940
CourtSupreme Court
(S.C.),
The People (Attorney-General)
and
Fennell (No. 2)

Central Criminal Court -Accused indicted on charge of murder - Doubt as to his sanity at time of arraignment - Jury empanelled to try issue - Finding that accused was sane - Whether a "decision of the High Court" -Appeal to Supreme Court - Jurisdiction of Supreme Court to hear appeal - Whether jurisdiction conferred by Art. 34 clause 4, par. 3, of the Constitution - 1 2 Geo. 4, c. 33, s. 17.

When there is some doubt as to the sanity of an accused at the time of his arraignment in the Central Criminal Court, and a jury, empanelled to try the issue, find that he is sane an appeal will not lie from such finding to the Supreme Court, such finding not being a "decision" of the High Court within the meaning of Art. 34, clause 4, par. 3, of the Constitution, which provides that "the Supreme Court shall, with...

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3 cases
  • Minister for Justice v Wang Zhu Jie
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...I.R. 566; [1991] I.L.R.M. 404. The People (Attorney General) v. Conmey [1975] I.R. 341. The People (Attorney General) v. Fennell (No. 2) [1940] I.R. 453; (1941) 75 I.L.T.R. 183. The People v. O'Shea [1982] I.R. 384; [1983] I.L.R.M. 549. Prendergast v. Carlow County Council [1990] I.L.R.M. 7......
  • People v O'Shea
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...nature. In the latter category stands the decision of the Supreme Court of 1940 in ThePeople (Attorney General) v. Fennell (No. 2) 1940 I.R. 453. In that case a jury, empanelled in the Central Criminal Court to try the issue whether the accused was insane or not, had found that he was sane......
  • People (Attorney General) v Conmey
    • Ireland
    • Supreme Court
    • 6 October 1975
    ...295. 11 [1965] I.R. 366. 12 [1963] I.R. 92, 96. 13 [1945] I.R. 183. 14 [1962] I.R. 1. 15 [1942] A.C. 520. 16 (1905) 40 I.L.T.R. 181. 17 [1940] I.R. 453. 18 [1914] A.C. 534. 19 [1969] I.R. 385. 20 [1966] I.R. 345. 21 [1967] I.R. 147. 22 [1964] I.R. 395. 23 1 Cr. (5 U.S.) 137 (1803). 24 7 Wal......

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