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...