Landers v Attorney General

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1975
Date01 January 1975
(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...

To continue reading

Request your trial
17 cases
  • N.v.H v Minister for Justice & Equality
    • Ireland
    • Supreme Court
    • 30 May 2017
    ...least, guarantees what has been described as a right to work. That was established in cases such as Landers v. The Attorney General (1975) 109 I.L.T.R. 1, Murtagh Properties v. Cleary [1972] I.R. 330, Murphy v. Stewart [1973] I.R. 97 and Cafolla v. O'Malley [1985] 1 I.R. 486. I share howev......
  • Prendergast v Higher Education Authority and Others
    • Ireland
    • High Court
    • 30 July 2008
    ...... THE HIGHER EDUCATION AUTHORITY, THE MINISTER FOR EDUCATION AND SCIENCE, IRELAND AND THE ATTORNEY GENERAL DEFENDANTS CENTRAL APPLICATIONS OFFICE BOARD OF DIRECTORS REPORT 2008 ... & 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 ......
  • 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......
  • Prendergast v Higher Education Authority
    • Ireland
    • High Court
    • 30 July 2008
    ...I.R. 263; [2001] 1 I.L.R.M. 241. Information (Termination of Pregnancies) Bill, 1995 [1995] 1 I.R. 1. Landers v. Attorney General DLTR(1973) 109 I.L.T.R. 1. MacMathúna v. Attorney General IRDLRM[1995] 1 I.R. 484; [1995] 1 I.L.R.M. 69. O'Neill v. Minister for AgricultureIRDLRM [1998] 1 I.R. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT