DPP v Shanahan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1979
• Date: 01 January 1979
• Court: Court of Criminal Appeal

(C.C.A.)

The People (D.P.P.)

and

Shanahan

Obtaining goods -Onus of proof - Whether knowledge that cheque would be dishonoured - Whether evidence of insufficiency of funds - Practice - Whether trial Judge had put defence to jury - No application to recall jury - Whether appeal Court should set aside conviction - Larceny Act, 1916, s. 32, sub-s. 1.

The applicant, who had drawn a cheque which was subsequently dishonoured, was convicted in the Circuit Criminal Court of obtaining goods by false pretences contrary to s. 32, sub-s. 1 of the Larceny Act, 1916. He applied to the Court of Criminal Appeal for leave to appeal and his Counsel relied on the following grounds. (i) Where the crime charged with is that of obtaining money or goods by false pretences and where such pretence is the issuing of a cheque which is not met, the onus is upon the prosecution at all times to establish beyond a reasonable doubt that at the time of issuing the cheque the accused was aware that it was not likely to be met if and when presented. (ii) While there was evidence that on the date the applicant drew the cheque the account did not contain sufficient funds to meet it, there was no evidence that it continued to be insufficient on subsequent days up to the date of dishonouring. (iii) That in relation to the nature of the trial Judge's charge to the jury, he did not put the defence to them. In allowing the appeal the Court of Criminal Appeal (O'Higgins C.J., Finlay P. and Doyle J.) Held: —1. That the evidence adduced by the prosecution constituted prima facie evidence of fraudulent intent necessary by the accused and that therefore there was a case against the applicant proper to be considered by the jury. 2. That...