Attorney General v Connolly

JurisdictionIreland
Judgment Date27 January 1947
Date27 January 1947
CourtHigh Court
(H.C.),
Attorney-General
and
Connolly

Newspaper publication of comment on murder trial then at hearing - Scandalising the Court - Interfering with administration of justice - Motion to attach writer of article - Jurisdiction of High Court -Constitutional right to trial by jury - Constitutional status of Special Criminal Court -Constitution of 1937, Arts. 34, 38.

The High Court has full jurisdiction under Art. 34, s. 3 of the Constitution to deal with contempt of Court by the summary procedure of attachment and this jurisdiction is not superseded by theconstitutional right to trial by jury on a criminal charge. The Special Criminal Court established under the provisions of Art. 38 of the Constitution and under the Offences against the State Act, 1939, is a Court for the administration of justice and the High Court will, in its discretion, punish...

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14 cases
  • Murphy v British Broadcasting Corporation
    • Ireland
    • High Court
    • 21 December 2004
    ... 1993 3 IR 1 1992 ILRM 490 SUNDAY TIMES V UK 1979 2 EHRR 245 AG V O'KELLY 1928 IR 308 62 ILTR 78 EARLE, RE 1938 IR 485 AG V CONNOLLY 1947 IR 213 81 ILTR 92 HAUGHEY, RE 1971 IR 217 KEEGAN V DE BURCA 1973 IR 223 COMMINS, STATE V MCRANN 1977 IR 78 COURTS (SUPPLEMENTAL PROVISIONS) ACT ......
  • State (Commins) v McRann
    • Ireland
    • High Court
    • 1 January 1977
    ...to their orders. The Attorney General v. O'KellyIR [1928] I.R. 308: In re EarleIR [1938] I.R. 485 and The Attorney Generalv. ConnollyIR [1947] I.R. 213 approved. 2. That in the case of civil contempt the reason for the imposition of a sentence of imprisonment is the coercion of the person f......
  • DPP v Independent Newspapers (Ireland) Ltd and Others
    • Ireland
    • Supreme Court
    • 5 March 2008
    ...whether taking the form of contempt in the face of or out of court. (see In re Earle [1938] I. R. 412 ; Attorney General v Connolly [1947] I. R. 213.) 19 14 . The contempt jurisdiction derives from the need for the courts to be in a position to act speedily to protect the respect and dignit......
  • State (DPP) v Walsh
    • Ireland
    • Supreme Court
    • 16 March 1981
    ...since there were no disputed issues of fact requiring the services of a jury for their determination. The Attorney General v. ConnollyIR [1947] I.R. 213 considered. 4. That, in any event, it was the function of a judge to determine whether established or admitted facts constituted contempt ......
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3 books & journal articles
  • Some reflections on the law of contempt
    • Ireland
    • Irish Judicial Studies Journal No. 2-2, July 2002
    • 1 July 2002
    ...that, if in 78Although there might possibly be an equality argument. 79[1981] I.R. 412. 80[1981] I.R. 412. 81[1928] I.R. 308. 82[1947] I.R. 213. 121 Judicial Studies Institute Journal 1937 it was intended to depart from that understanding of the nature of the criminal trial (and the exclusi......
  • Criticising judges in Ireland
    • Ireland
    • Irish Judicial Studies Journal No. 1-2, January 2002
    • 1 January 2002
    ...308. 11Campbell, Emergency Law in Ireland 1918-1925. 12 Lawless v. Ireland (No.1) (1960) 1 E.H.R.R. 1. 13 Attorney General v. Connolly [1947] I.R. 213. 2001] Criticising Judges in Ireland Henry White for the murder of a police officer: “... he awaits his death, which sentence will inevitabl......
  • Contempt of court and the need for legislation
    • Ireland
    • Irish Judicial Studies Journal No. 1-4, January 2004
    • 1 January 2004
    ...[1992] I.L.R.M. 490 at 506 (H.C.). 14 [1992] I.L.R.M. 490 at 505 (H.C.). 15 [1981] I.R. 412 (S.C.). 16 The Attorney General v. Connolly [1947] I.R. 213 at 220 (H.C.) per Gavan Duffy 17[1976] I.R. 388 (S.C.). Judicial Studies Institute Journal 2004] Contemp of Court and the need for Legislat......

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