Convening Authority v Doyle
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1996 |
| Date | 01 January 1996 |
| Court | Courts-Martial Appeal Court |
(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...
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3 cases
- Convening Authority v Doyle
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DPP v Forsey
...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......
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DPP v Egan
... [2000] 2 IR 1; People v MacEoin [1978] IR 27 and People (DPP) v McDonagh [2001] 3 IR 201 distinguished; Convening Authority v Doyle [1996] 2 ILRM 213; R v Carr-Briant [1943] 1 KB 607 and R v Daniel [2003] 1 Cr App R 6 considered - Criminal Law (Sexual Offences) Act 2006 (No 15), s 3 - C......