Attorney General v Cashell

JurisdictionIreland
Judgment Date01 January 1928
Date01 January 1928
CourtCourt of Criminal Appeal (Irish Free State)
Crim. App.,
I. F. S.,
Attorney-General
and
Cashell

Bail pending application for leave to appeal - Jurisdiction to hear bail motion prior to application for leave to appeal - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 31, 32, 33, 34 and 63.

Where a convicted sentenced prisoner, having served notice of an application applying for leave to appeal, applied before the hearing of that application to be admitted to bail pending the determination of the appeal, the Court refused to admit him to bail. The application for bail was premature and could be entertained only after leave to appeal had been granted.

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6 cases
  • Koltze v DPP
    • Ireland
    • High Court
    • 16 October 2018
    ...to grant bail to convicted persons pending their appeal is one which has not yet been litigated, although in Attorney General v. Cashell 62 I.L.T.R. 31 the Court of Criminal Appeal in dealing with an application for bail pending leave to appeal expressly left open the question as to whethe......
  • DPP v Sweetman
    • Ireland
    • Court of Criminal Appeal
    • 23 July 1997
    ...1924. The People (Director of Public Prosecutions) and Ivor Sweetman Cases mentioned in this report:— Attorney General v. Cashell (1928) 62 I.L.T.R. 31. The People (Attorney General) v. Hayden Vol. 1 Frewen 347. The Director of Public Prosecutions v. Smith (Unreported, Court of Criminal App......
  • People (Attorney-General) v O'Callaghan
    • Ireland
    • Supreme Court
    • 1 January 1968
    ...(3) [1942] Ir. Jur. Rep. 63. (4) [1942] I. R. 529. (5) [1944] Ir. Jur. Rep. 41. (6) [1939] Ir. Jur. Rep. 35. (7) [1958] I. R. 280. (1) 62 I. L. T. R. 31. (2) [1966] I. R. (1) [1926] I. R. 207. (1) [1958] I. R. 280. ...
  • DPP v Gaffey
    • Ireland
    • Court of Criminal Appeal
    • 10 December 1990
    ...his appeal. TheCourt"s jurisdiction to grant bail has been described in a number of cases such as Attorney General v. Cashell [1928] 62 I.L.T.R. p. 31 and the case of The People v. Hayden which is unreported but which is noted in Vol. 1 of the late Mr. Frewen"s Collected Cases and both of w......
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