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Attorney General v O'Sullivan

Irish Law Times Reports (Digests) Irish Reports Irish Reports (Digests) Cited authorities 5 Cited in 22 Precedent Map Related
JurisdictionIreland
Judgment Date26 May 1930
Date26 May 1930
CourtCourt of Criminal Appeal (Irish Free State)
[C. C. A., I.F.S.]
Attorney-General
and
O'Sullivan

Complainant aged 10 years - Sworn testimony - Necessity of preliminary examination as to competency - Corroboration - Instructions to jury - Attack on character in cross-examination - Admissibility of evidence of general good character - Form of evidence -Inconsistency of findings - Children Act, 1908 (8 Edw. 7, c. 67), ss. 30, 131 - Criminal Justice Administration Act, 1914 (4 5 Geo. 5, c. 58), s. 28 (2).

The appellant was convicted of an attempt to commit sodomy. He was found "not guilty" on a second count of indecent assault on a male person, and, on a third count of common assault, no finding was entered. The complainant, a boy of 10 years, gave sworn testimony. The appellant applied to the Court of Criminal Appeal for leave to appeal. The appellant contended that the complainant, being a child under the age of 14 years, should not have been allowed to give evidence...

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11 cases
  • DPP v Mulvey
    • Ireland
    • Court of Criminal Appeal
    • 16 March 1987
    ...danger of convicting in the absence of corroboration. Attorney Gerneral v. CraddenIR [1955] I.R. 130; Attorney General v. O'SullivanIR [1930] I.R. 552 and Reg. v. KnightWLR [1966] 1 W.L.R. 230 followed. 3. That in the instant case the jury was told of its role in assessing what was corrobor......
  • DPP v Kinsella
    • Ireland
    • Court of Appeal (Ireland)
    • 23 October 2018
    ...tends to prove that the accused person committed the offence. Corroboration may be found in a simple fact. For example, in the Attorney General v. O'Sullivan [1930] IR 552, a case of sodomy, corroborative evidence was the evidence of boxes found in a room. Kennedy CJ, delivering the judgme......
  • Southern Health Board v CH
    • Ireland
    • Supreme Court
    • 11 March 1996
    ...as if the Act of 1908 had not been affected by the Act of 1991. Cases referred to in this report:— Attorney General v. O'Sullivan [1930] I.R. 552; (1930) 64 I.L.T.R. 181. In re P.B., a minor [1986] N.T. 88. Bradford City Metropolitan Council v. K. [1990] 2 W.L.R. 532. Director of Public Pro......
  • DPP v Roche, Roche, & Freeman
    • Ireland
    • Court of Appeal (Ireland)
    • 19 December 2019
    ...the accused person committed the offence. Corroboration may be found in a simple fact. For example, in Attorney-General v. O'Sullivan [1930] I.R. 552, a case of sodomy, corroborative evidence was evidence of boxes found in a room.” 165 Denham J. then considered the importance of an accused'......
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