People (Attorney General) v Carney and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1953
• Date: 01 January 1953
• Court: Court of Criminal Appeal

C. C. A.

The People (Attorney General)

and

Mulcahy and Carney

Two persons tried jointly -Application for separate trial refused - Larceny -Alternative count of receiving - Necessity for evidence that receiver of stolen goods did not steal them - Whether case one of larceny or nothing -Credibility of witness a matter for the jury -Comment thereon by Judge - Evidence of accomplice -No corroboration - Necessity for warning to jury of danger of convicting on such evidence -Whether a witness be an accomplice or not a matter for the jury - Larceny Act, 1916 (6 7 Geo. 5, c.50) s. 25 (1), s. 33 (1).

M. and C. were tried jointly on charges of housebreaking and larceny, and feloniously receiving. They were acquittedon the count of housebreaking and larceny but found guilty on the count of feloniously receiving, The trial judge refused to grant them certificates that their cases were fit ones for appeal. M. applied to the Court of Criminal Appeal for leave to appeal on the grounds, inter alia, (a) that the trial Judge was wrong in refusing to grant the application for a separate trial; (b) that the trial Judge failed adequately to direct the jury on the law relating to feloniously receiving; (c) that the verdict of the jury was inconsistent and that there was not sufficient evidence to support a finding of feloniously receiving; (d) that the trial Judge misdirected the jury as to the credibility of a witness for the prosecution; (e) that the trial Judge failed adequately to direct the jury on the danger of convicting on the uncorroborated evidence of an accomplice; (f) that the trial Judge misdirected the jury by leaving it open to them to say that John Kelly was not an accomplice. C. applied to the Court for leave to appeal upon various grounds which were rejected by the Court but he was allowed to amend his notice of application by adding to his notice such of the grounds relied upon by M. as were applicable to his case. Held...