O'Leary v Cunningham

• Jurisdiction: Ireland
• Judgment Date: 28 July 1980
• Date: 28 July 1980
• Docket Number: [S.C. No. 145A of 1979]
• Court: Supreme Court

(S.C.)

O'Leary

and

Cunningham

Alternative charges - Robbery and receiving stolen goods -Conviction by court of trial on second charge on insufficient evidence - No adjudication on first charge - Equivalent to acquittal on first charge - Evidence on appeal sufficient to support conviction on first charge - Appellate court unable to confirm conviction or to convict on first charge - Courts of Justice Act, 1928 (No. 15), s. 18.

The defendant was arrested by the police shortly after a robbery had taken place late at night at a petrol station. The defendant was charged in the District Court with having robbed the station attendant of a sum of money, contrary to s. 23 of the Larceny Act, 1916, and with having received that sum of money on the same occasion knowing that it had been stolen, contrary to s. 33 of the Act of 1916. The charges were tried summarily by the District Justice. He convicted the defendant on the receiving charge and sentenced him; but the District Justice made no order in respect of the robbery charge. At the hearing in the Circuit Court of the defendant's appeal against his conviction for receiving stolen goods, the evidence established that the defendant had taken an active part with others in the robbery and showed, consequently, that the defendant's conviction on the receiving charge was erroneous. The Circuit Court judge stated a Case in which he asked the Supreme Court to determine whether, having found that the defendant was a principal in the robbery, the judge could convict the defendant on the receiving charge and, if not, whether the judge could convict the...