O'Leary v Cunningham

JurisdictionIreland
Judgment Date28 July 1980
Date28 July 1980
Docket Number[S.C. No. 145A of 1979]
CourtSupreme 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...

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16 cases
  • People v O'Shea
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...State (O'Callaghan) v. O hUadhaigh [1977] I.R. 42. 38 The People (Attorney General) v. McGlynn [1967] I.R. 232. 39 O'Leary v. Cunningham [1980] I.R. 367. 40 The Emergency Powers Bill, 1976 [1977] I.R. 159. 41 Great Southern & Western Railway Co. v. Gooding [1908] 2 I.R. 429. 42 The State (M......
  • McGrath v Athlone Institute of Technology
    • Ireland
    • High Court
    • 14 June 2011
    ...Prosecutions [2008] IESC 63, [2009] 2 I.R. 208. Director of Public Prosecutions v. O'Donnell [1995] 2 I.R. 294. O'Leary v. Cunningham [1980] I.R. 367. The People (Director of Public Prosecutions) v. Nevin[2003] 3 I.R. 321. R. v. Fernandez [1997] 1 Cr. App. R. 123. R. v. Horseferry Road Magi......
  • DS v Judges of Cork Circuit Court and DPP
    • Ireland
    • High Court
    • 16 October 2006
    ...United States (1904) 195 U.S. 100. Ex parte Lange (1873) 18 Wall. 163. Logan v. United States (1892) 144 U.S. 263. O'Leary v. Cunningham [1980] I.R. 367. Oregon v. United States (1982) 456 U.S. 667. Pearce v. R. (1998) 194 C.L.R. 610. R. v. Henworth [2001] EWCA Crim 120, [2001] 2 Cr. App. R......
  • DPP v Finnamore
    • Ireland
    • Court of Criminal Appeal
    • 1 July 2008
    ...A.C. 1254 58 and 59 R v Beedie [1998] Q.B. 356, the former of which he says was approved in this jurisdiction O'Leary v Cunningham [1980] I.R. 367. 60 Mr. Aylmer argues that arising from these cases, and others, it is impermissible in law to have sequential trials arising out of the same se......
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