DPP v Kehoe

• Jurisdiction: Ireland
• Court: Court of Criminal Appeal
• Judge: MCCARTHY J.
• Judgment Date: 01 January 1986
• Neutral Citation: 1985 WJSC-CCA 150
• Date: 01 January 1986
• Docket Number: [C.C.A. No. 90 of 1983],Record No. 90/of 1983

1985 WJSC-CCA 150

Court of Criminal Appeal

(McCarthy, O'Hanlon and Barron J.J.)

Record No. 90/of 1983

DPP v. KEHOE

17th December 1984

Director of Public Prosecutions

v.

Nicholas Kehoe

Citations:

AG V BURKE 1955 IR 30

AG, STATE V FAWSITT 1955 IR 39

AG, STATE V ROE 1951 IR 172

HAWKINS PLEAS OF THE CROWN 8ED V2 P420

LAWLESS, IN RE 1960 IR 93

OFFENCES AGAINST THE STATE ACT 1939 S30

OFFENCES AGAINST THE STATE ACT 1939 S30(3)

OFFENCES AGAINST THE STATE ACT 1939 S43

OFFENCES AGAINST THE STATE ACT 1939 S43(1)(c)

R V HUGHES 4 QBD 614

WALSH, STATE V MAGUIRE 1979 IR 372

Synopsis:

CRIMINAL LAW

Arrest

Emergency powers - Detention - Duration - Extension - Contents of extension order - Offences Against the State Act, 1930, s. 30 - (90/1983 - C.C.A. - 17/12/84) - [1985] I.R. 444 - [1986] ILRM 690

The People v. Kehoe

CRIMINAL LAW

Arrest

Second arrest - Relevance - Offences Against the State Act, 1939, s. 43 - (90/1983 - C.C.A. - 17/12/84) - [1985] I.R. 444

The People v. Kehoe

CRIMINAL LAW

Jurisdiction

Special Criminal Court - Accused before court - Manner in which accused brought before the court - Arrest - Second arrest - Whether manner in which attendance before court was obtained was relevant to jurisdiction to commence trial - Offences Against the State Act, 1939, s. 43 - (90/1983 - C.C.A. - 17/12/84) 1985 I.R. 444

The People v. Kehoe

SPECIAL CRIMINAL COURT

Jurisdiction

Trial - Commencement - Accused before the court - Whether manner in which attendance of accused procured is relevant to jurisdiction to commence trial - Offences Against the State Act, 1939, s. 43 - (90/1983 - C.C.A. - 17/12/84) - [1985] I.R. 444

The People v. Kehoe

1 Conviction on three charges of possession of firearms and of using firearms. Submitted that Applicant was in unlawful custody when charged before Special Criminal Court and that that Court did not have jurisdiction to try him that Applicant was arrested at 8.10 a.m. when handcuffs were placed on him therefore formal arrest at 8.50 a.m. wasinvalid.

Judgment - Held by the Court

2 (1) that jurisdiction of Special Criminal Court as conferred by section 43 of the Offences against the State Act 1939is lawfully invoked when in regard to a scheduled offence the Director of Public Prosecutions directs that person be brought before that court - jurisdiction is conferred by S. 43.

Cited - Attorney General v. Burke ( 1955 I.R.) 30

The State (Attorney General) v. Judge Fawsitt ( 1955 I.R.) 39

The State (Attorney General) v. Judge Row ( 1951 I.R.) 172

Hawkins - Pleas of the Crown - 8th Ed. 1824 Vol. II at 420

3 (2) the restraining of Applicant by placing of handcuffs was part of sequence of events at the scene - not an arrest. Reference made to observations of Henchy J. in The State (Walsh) v. Maguire ( 1979 I.R.)372 at 386. Court does not share view expressed by Henchy J. - if view is construed that where common law arrest is made - Garda may not validly make further arrestbefore apparent release is effected.

4 PROCEDURE - Under Section 30 of Offences against the State Act 1939. Court pointed out that it is not a requirement of sub. s. 3 that officer of Garda Siochana should commit direction for further detention to writing - clearly a desirable practice unnecessary that specific time of commencement and termination should be stated - preferable that direction should merely state that person arrested be detained for a further period of twenty four hours commencing upon expiry of twenty four hours from time of arrest.

5 Application for leave to appeal was refused on 10th December 1984.

6 JUDGMENT OF THE COURT DELIVERED BY MCCARTHY J.on the 17th December 1984

7 This application for leave to appeal has one undeniable characteristic - it is devoid of merit. The applicant was one of a group of men who, on the morning of the 7th August 1983, at a private home at Roundwood, Co. Wicklow, were carrying fire-arms consisting of three submachine guns, a Browning revolver, all of which weapons were loaded and ready for use, and another revolver which was unloaded. The possession of such fire-arms was plainly with intent to endanger life - the fire-arms were used for that very purpose in a "shoot-out" with the Gardai. Nicholas Kehoe was convicted on three charges arising out of these events.and his application for leave to appeal is based upon the submission that he was in unlawful custody at the ti-.e he was charged before the Special Criminal Court at 4 p.m. on the 8th August 1983. That Court was satisfied that its jurisdiction, as conferred by s. 43 of the Offences Against the State Act, 1939, islawfully...