DPP v Cassidy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1990
• Date: 01 January 1990
• Court: High Court

(H.C.)

Director of Public Prosecutions

and

Cassidy

- Simple larceny -Whether accused could be convicted on such charge notwithstanding that he might be charged with an offence under another section - Larceny Act, 1916 (6 7 Geo. 5, c. 50), ss. 2, 17.

1. S. 2 of the Larceny Act, 1916, provides, inter alia, that: "Stealing for which no special punishment is provided under this or any other Act for the time being in force shall be simple larceny and a felony punishable with penal servitude for any term not exceeding five years. . . ." The accused took goods the property of his employer without his authority or consent. At the time of taking the goods, the accused had the intention of permanently depriving his employer thereof. The accused was charged with and convicted of committing an offence under s. 2 of the 1916 Act. The District Justice stated a case for the High Court under the provisions of the Summary Jurisdiction Act, 1857, as amended, as to whether the accused could be convicted of an offence contrary to s. 2 of the 1916 Act notwithstanding that he might on the same facts be charged with and...