People (Attorney-General) v Murtagh

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1968
Date01 January 1968
(C.C.A., S.C.)
People (Attorney-General)
and
Murtagh

Non-capital murder -Whether sentence of penal servitude for life mandatory - Criminal Justice Act, 1964, s. 2. - Trial - Statement by one accused incriminating other accused - Separate trials refused -Whether discretion of trial Judge properly exercised - Whether any miscarriage of justice.

The appellant and R.M. were tried jointly on a charge of non-capital murder. The evidence included a statement by R.M. incriminating the appellant. The trial Judge refused applications by both accused for separate trials. The appellant was convicted and sentenced to penal servitude for life. R.M. was acquitted. Held by the Court of Criminal Appeal (Haugh, McLoughlin and Kenny JJ.) that the trial Judge had properly exercised his discretion in refusing separate trials and that no miscarriage of justice had occurred. Held further by the Supreme Court ( Ó Dálaigh...

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19 cases
  • DPP v Pringle (No 2)
    • Ireland
    • Supreme Court
    • 4 March 1997
    ... ... DPP v. PRINGLE THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLICPROSECUTIONS) Respondent\Defendant v ... As Costello J. confirmed in O'Leary-v- Attorney General (1993) 1IR102 [since affirmed by the Supreme Court (1995) 1IR254 ] article 38 section I ... ...
  • DPP v Bowe
    • Ireland
    • Court of Appeal (Ireland)
    • 30 June 2017
    ...separate trials has the potential to work a more serious injustice, a point identified by Kenny J in The People (A.G.) v. Murtagh [1966] IR 361 at 363. Discussion 205 It is well-established in law that counsel on both sides, but particularly defence counsel, must be afforded considerable la......
  • Nascimento v Minister for Justice
    • Ireland
    • High Court
    • 26 October 2007
    ...2 I.L.R.M. 435. Osmanovic v. Director of Public Prosecutions [2006] IESC 50, [2006] 3 I.R. 504. The People (Attorney General) v. Murtagh [1966] I.R. 361; (1965) 102 I.L.T.R. 146. The People v. Cahill [1980] I.R. 8. The People (Director of Public Prosecutions) v. Finn[2001] 2 I.R. 25; [2001]......
  • DPP v Yusuf Ali Abdi
    • Ireland
    • Court of Appeal (Ireland)
    • 13 February 2019
    ...a “miscarriage of justice”, the applicant invites this Court to consider the definition adopted Kenny J. in People (AG) v. Murtagh [1966] I.R. 361, at p. 364: “But what is meant by miscarriage of justice? It means that a person has been improperly found guilty”. In respect of the s. 2 test......
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