Cunningham v Governor of Mountjoy Prison

• Jurisdiction: Ireland
• Court: High Court
• Judge: EGAN, J.
• Judgment Date: 01 January 1987
• Neutral Citation: 1985 WJSC-HC 1905
• Date: 01 January 1987

1985 WJSC-HC 1905

THE HIGH COURT

CUNNINGHAM v. GOVERNOR OF MOUNTJOY

(STATE SIDE)

BETWEEN :

MICHAEL CUNNINGHAM

Prosecutor

and

THE GOVERNOR OF MOUNTJOY PRISON

Respondent

NOTICE PARTY - THE ATTORNEY GENERAL

Citations:

CRIMINAL JUSTICE ACT 1960 S2

MURPHY, STATE V GOV ST PATRICK'S 1985 ILRM 141, 1985 IR 458

PRISONERS (TEMPORARY RELEASE) RULES SI 167/1960

ROAD TRAFFIC ACT 1961

Synopsis:

CRIMINAL LAW

Sentence

Imprisonment - Prisoner released - Release of licence - Breach of condition of release - Delay of seven months - Revocation of licence - Delay not explained - Expiration of term of imprisonment four months before revocation - Revocation quashed on certiorari - Unfair procedures - (1984 No. 652 SS - Egan J. - 5/12/85).

|The State (Cunningham) v. Governor of Mountjoy Prison|

NATURAL JUSTICE

Fair procedures

Prisoner - Release on licence - Breach of condition - Delay of seven months - Revocation of licence - Delay not explained - Expiration of term of imprisonment four months before revocation - Revocation quashed on certiorari - (1984 No.652 SS - Egan J. - 5/12/85).

|The State (Cunningham) v. Governor of Mountjoy Prison|

1 JUDGMENT OF EGAN, J.DELIVERED THE 5TH DAY OF DECEMBER 1985

2 The Prosecutor in this case was convicted in the District Court on the 9th day of April 1983 of driving without Insurance contrary to the provisions of the Road Traffic Act 1961and was sentenced inter alia to six months imprisonment. The Order of the District Court was affirmed by the Circuit Court on the 21st February 1984. This meant that in the ordinary course of events he would be due for release with the benefit of remission on the 5th July1984.

3 On the 28th March 1984 he was released on "full temporary release" pursuant to the provisions of Sec. 2 of the Criminal Justice Act 1960and Rules which were made thereunder contained in S.I. No. 167 of 1960. One of the stated conditions of his release was that he should report to the Probation Officer as requested.

4 The Respondent deposed to the fact that he had received a letter dated 17th April 1984 from Probation Officer Mary Geary to the effect that the Prosecutor had been in breach of the terms of his temporary release in failing to contact her and that he had not been available when she visited his home on the 6th April 1984, the 9th April 1984 and the 17th April 1984.

5 On the 30th April 1984 the Respondent wrote to the Superintendent, Garda Station. Clondalkin, requesting that he have the Prosecutor arrested and returned to his (the Respondent's) custody. There was no...