Landers v Attorney General

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
CourtHigh Court
(H.C.)
Landers
and
The Attorney General

Child - Singing talent - Statute restricting exploitation of talent - Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15), s. 2 - Constitution of Ireland, 1937, Articles 40-42.

Section 2 of the Act of 1904 makes it a criminal offence for anyone who, having custody of a boy under 14 years old, allows such boy to be on premises licensed for the sale of intoxicating liquor for the purpose of singing for profit between 9 p.m. and 6 a.m.; or who, having custody of a child under 11 years old, for such purpose allows that child to be on such premises, or on premises licensed for public entertainment. The plaintiff's son, aged 8 years, had an exceptional singing voice and he was offered substantial sums of money to sing in public. The plaintiff and his wife allowed their son to sing for reward subject to certain conditions and precautions. All the boy's earnings were paid into a special bank account and his engagements were arranged by an experienced manager. Some of the boy's engagements were conducted on licensed premises. In 1971 the plaintiff and his son's manager were convicted of offences contrary to s. 2 of the Act of 1904 and his son's singing career was then abandoned. The plaintiff claimed in the High Court declarations...

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16 cases
  • Elijah Burke v The Minister for Education and Skills
    • Ireland
    • Supreme Court
    • 24 January 2022
    ...to assembly, to be held equal as human persons before the law, to prepare for and follow a chosen career ( Landers v Attorney General [1975] 109 ILTR 1), to legal and medical assistance upon arrest ( In the Matter of Article 26 of the Constitution and in the Matter of The Emergency Powers B......
  • M.G. v The Director of Oberstown Children Detention Centre
    • Ireland
    • High Court
    • 3 May 2019
    ...where the legislation does not put a child in an inferior position. In particular, the judgments in Landers v. Attorney General (1975) 109 I.L.T.R. 1 and X.Y. v. Health Service Executive (No. 2) [2013] IEHC 490; [2013] 1 I.R. 592; [2014] 1 I.L.R.M. 170 were cited as cases where the diff......
  • T.D. and Others v Minister for Education
    • Ireland
    • Supreme Court
    • 17 December 2001
    ... ... AND MINISTER FOR JUSTICE, MINISTER FOR HEALTH, MINISTER OFEDUCATION, IRELAND, THE ATTORNEY GENERAL AND THE EASTERN HEALTHBOARD RESPONDENTS BETWEEN ... D (T) ... HEALTH BOARD 1997 3 IR 511 CONSTITUTION ART 28.4.1 CONSTITUTION ART 15 LANDERS V AG ILTR 1976 CONSTITUTION ART 40.1 CONSTITUTION ART 42.3.2 CONSTITUTION ART ... ...
  • Prendergast v Higher Education Authority and Others
    • Ireland
    • High Court
    • 30 July 2008
    ...4ED 2003 PARA 5.1.18 D (T) & ORS v MIN FOR EDUCATION & ORS 2001 4 IR 259 2001/5/1050 CROTTY v AN TAOISEACH 1987 IR 713 LANDERS v AG 1973 109 ILTR 1 SINNOTT v MIN FOR EDUCATION & ORS 2001 2 IR 545 2000/19/7191 O'NEILL v MIN FOR AGRICULTURE 1998 1 IR 539 HUMPHREY v MIN FOR ENVIRONMENT 2001 ......
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