Attorney General v Troy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1950
• Date: 01 January 1950
• Court: Court of Criminal Appeal

C.C.A.

Attorney General

and

Troy

Charge of buggery - Evidence of accomplice - Absence of corroboration - Inadequate warning by Judge to jury - Affect on conviction.

T. appealed from his conviction in the Circuit Criminal Court on a charge of buggery on the grounds—(1) that the medical evidence was only evidence that the boy in question had been interfered with but was not corroboration of the fact that the accused had interfered with the boy and that the trial Judge had failed to make this clear in his summing up, and (2) that the learned trial Judge did not tell the jury that there was no corroboration in this case. Held that there was no corroboration of the boy's evidence —who must be regarded in the light of an accomplice —and that the medical evidence that the boy had been interfered with did not necessarily mean that...