People (Attorney General) v Hughes

• Jurisdiction: Ireland
• Judgment Date: 01 January 1958
• Date: 01 January 1958
• Court: Court of Criminal Appeal

C.C.A.

The People (The Attorney General)

and

Hughes

Identification - Garda brought to accused's house for the purpose of identifying him - Identification parade not held -Whether the jury should be warned of the dangers inherent in evidence of visual identification -Adequacy of Judge's charge to the jury - Liberty to amend notice of application for leave to appeal by adding additional grounds of appeal.

F.H.was convicted in the Circuit Criminal Court of certain offences under the Larceny Act, 1916. The case against F. H. depended almost entirely upon evidence of identification of the said F. H. by a garda. who was the driver of a garda patrol car during the night on which the offences were alleged to have been committed and who followed a Hillman motor car in which stolen property was subsequently found and from which two men ran away and anotherone was apprehended when the car stopped. Later during the same morning the garda, accompanied by a detective-sergeant, went to F. H.'s house, where he saw F. H. whom he recognised as one of the men who jumped from the Hillman car. F. H. was, thereupon, taken into custody. F. H. applied to the Court of Criminal Appeal for leave to appeal against conviction and sentence, on the ground that he was not properly identified. The Court allowed an application by the said F. H. for leave to add additional grounds of appeal, viz., that the trial Judge failed to direct the jury on the unsatisfactory nature of the evidence of identification and that the...