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...
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16 cases
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People v O'Shea
...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......
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McGrath v Athlone Institute of Technology
...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......
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DS v Judges of Cork Circuit Court and DPP
...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......
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DPP v Finnamore
...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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