Attorney General v Scuffil

• Jurisdiction: Ireland
• Judgment Date: 15 July 1936
• Date: 15 July 1936
• Court: Court of Criminal Appeal (Irish Free State)

Attorney-General v. Scuffil

ATTORNEY-GENERAL

and

DESMOND SCUFFIL (1)

Court of Criminal Appeal.

Criminal law - Appeal to the Court of Criminal Appeal or application for leave to appeal - Interlocutory application in relation thereto - Appeal from decision on such interlocutory application - To what Court - Whether to Court of Criminal Appeal or to Supreme Court - Courts of Justice Act, 1924 (No. 10 of 1924), sect. 29 - Courts of Justice Act, 1928 (No.15 of 1928), sect. 7.

Sect. 7 of the Courts of Justice Act, 1928, provides:—

"Where a person convicted on indictment before the Central Criminal Court or the Circuit Court appeals to the Court of Criminal Appeal or applies to the Court of Criminal Appeal for leave to appeal, any interlocutory application in relation to such appeal or application may be heard and determined by the Chief Justice or by any Judge of the Supreme Court nominated by the Chief Justice for that purpose."

Held by the Court of Criminal Appeal that no appeal to the Court of Criminal Appeal lies from an order made by the Chief Justice or by any Judge of the Supreme Court upon the hearing of any interlocutory application made under the above section. Any such appeal must be made to the Supreme Court, as provided by sect. 29 of the Courts of Justice Act, 1924.

Criminal Appeal.

The accused, Desmond Scuffil, was tried before Circuit Court Judge Comyn with a jury on the 16th and 17th May, 1936, on a charge of indecent assault on a male person, contrary to sect. 62 of the Offences against the Person Act, 1861, and was convicted and sentenced to five years' penal servitude. He was also tried on a charge of gross indecency, contrary to sect. 11 of the Criminal Law Amendment Act, 1885, and was convicted and sentenced to one year's imprisonment, both sentences to run concurrently.

No application for a certificate for leave to appeal was made on the conclusion of the trial, but such an application was made to, and refused by, the Circuit Court Judge on the 20th May, 1936.

On the 24th June, 1936, the accused applied to the Chief Justice sitting under sect. 7 of the Courts of Justice Act, 1928 (2), for an extension of time for an application for leave to appeal on four grounds. The Chief Justice granted an extension of the time for leave to appeal...