Convening Authority v Doyle

JurisdictionIreland
CourtCourts-Martial Appeal Court
Judgment Date01 January 1996
Date01 January 1996
(C.M.A.C.)
Convening Authority
and
Doyle

- Court-martial - Evidence -Burden of proof - Desertion - Statutory presumption - Whether direction breached the presumption of innocence - Defence Act, 1954 (No. 18), s. 135.

Deserting the defence forces is an offence under s. 135 of the Defence Act, 1954, which provides that desertion takes place when a person absents himself from his unit with the intention of not returning to it. Under s. 135(2)(b), a person is presumed to have the intention of not returning to his unit if he has been absent without authority for a continuous period of six months or more. The appellant was convicted of the offence of deserting the defence forces before a limited court martial on 17 August, 1995. It was not disputed that the appellant was absent from his unit for a period of over twelve years but he argued that he never formed an intention of not returning. The appellant was discharged from the defence forces and his appeal was grounded on a single point concerning the judge advocate's summing up on the burden of proof. The judge advocate dealt with the presumption in s. 135(2)(b) and went on to tell the court that if it was satisfied of the probability that the appellant never formed the intention of remaining away, it could acquit him, otherwise it could convict him. It was submitted on behalf of the appellant that this direction on the statutory presumption was incorrect and breached the presumption of innocence...

To continue reading

Request your trial
4 cases
  • Convening Authority v Doyle
    • Ireland
    • Supreme Court
    • 26 January 1996
  • DPP v Forsey
    • Ireland
    • Supreme Court
    • 8 November 2018
    ...Buckley S.C. and Noel Whelan for the prosecutor. Cur. adv. vult. Cases mentioned in this report:- Convening Authority v. Doyle [1996] 2 I.L.R.M. 213. East Donegal Co-Operative Livestock Mart Ltd. v. Attorney General [1970] I.R. 317; (1970) 104 I.L.T.R. 81. Hardy v. Ireland [1994] 2 I.R. 550......
  • DPP v Forsey
    • Ireland
    • Court of Appeal (Ireland)
    • 29 July 2016
    ...authority in R. v. Carr Briant [1943] K.B. 607, R. v. Braithwaite [1983] 1 WLR 385 and Convening Authority v. Private William Doyle [1996] 2 ILRM 213, set out the appropriate law on provisions of the type at issue in this case. Therefore, when considered in the context in which it was gi......
  • DPP v Egan
    • Ireland
    • Court of Criminal Appeal
    • 26 March 2010
    ...UNREP SUPREME 12.7.2005 2005/7/1439 2005 IESC 48 R v DANIEL 2003 1 CAR 396 R v CARR-BRIANT 1943 1 KB 607 CONVENING AUTHORITY v DOYLE 1996 2 ILRM 213 CRIMINAL LAW Sexual offences Defence - Child under 17 years of age - Defence of honest belief that child 17 or more years of age - Burden of ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT