Attorney General v Cunningham

• Jurisdiction: Ireland
• Judgment Date: 29 October 1932
• Date: 29 October 1932
• Court: Court of Criminal Appeal (Irish Free State)

Court of Criminal Appeal.

Attorney-General v. Cunningham.

ATTORNEY-GENERAL

and

DANIEL CUNNINGHAM (1)

Criminal appeal - Indictable offence at common law - Breach of the peace - Firing into a dwelling-house - Sufficiency of indictment - "Description of the offence charged in an indictment" - "Statement of the offence" - Sentenced reversed by Court of Criminal Appeal - Accused ordered to enter into security to keep the peace, alternatively imprisonment ordered - Criminal Justice (Administration) Act 1924 (No. 44 of 1924), sect. 4;First Sch., Rule 4 - Indictment Rules, 1924 - Courts of Justice Act, 1924 (No. 10 of 1924), sect. 31.

Criminal Appeal.

Daniel Cunningham appealed to the Court of Criminal Appeal against his conviction in the Cork Circuit Court on the 4th day of June, 1931, on a charge of having "on the night of the 16th February, 1931, at Courtbrack, Blarney, in the County of Cork, a shot gun then loaded with gunpowder and leaden shot maliciously did shoot into the dwelling-house of one, William O'Donoghue."

Cunningham was sentenced to twelve months imprisonment with hard labour, but was admitted to bail, having obtained the following certificate from the Circuit Court Judge:—

"Whereas the said Daniel Cunningham was tried and convicted before me, the undersigned, in the said Court, on the 4th day of June, 1931, on an indictment charging him with firing into a dwelling-house, and was thereupon sentenced by me to twelve calendar months imprisonment with hard labour:

I do hereby certify that the case is a fit case for an appeal by the said Daniel Cunningham to the Court of Criminal Appeal under sect. 31 of the Courts of Justice Act, 1924, upon the following grounds :—

Whether firing a gun into a dwelling-house occupied at the time is an offence indictable at common law notwithstanding that the jury found that the shot was fired without intent to injure the persons therein.

M. J. Kenny, Circuit Judge of Cork City and County."

There were four counts in the indictment: —(1) Shooting with intent to do grievous bodily harm. (2) Causing an explosion with intent to do grievous bodily harm. (3) Causing damage by an explosion. (4) Firing into a dwelling-house. The jury returned a verdict of "not guilty" on the first three counts, and "guilty" on the fourth, in which the "particulars of offence" were stated as follows :— "Daniel Cunningham on the night of the 16th day of February, 1931, at Courtbrack, Blarney, in the County of Cork a shot gun then loaded with gunpowder and leaden shot maliciously did shoot into the dwelling-house of one, William O'Donoghue." The jury added to their verdict of guilty on this fourth count the rider:"Without intent to do grievous bodily harm." The four counts are set out in full in the judgment of the Court.

Sect. 4 of the Criminal Justice (Administration) Act, 1924 (No. 44 of 1924), provides:—

"4.—(1) Every indictment shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an indictment shall subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act."

Rule 4 of the Rules in the First Schedule of the Act provides:—

"(1) A description of the offence charged in an indictment, or where more than one offence is charged in an indictment, of each offence so...