People (Attorney-General) v Murtagh
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1968 |
| Date | 01 January 1968 |
| Court | Supreme Court |
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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