People (Attorney General) v Griffin

JurisdictionIreland
Judgment Date10 May 1974
Date10 May 1974
Docket Number[S.C. No. 10 of 1972]
CourtSupreme Court
(S.C.)
The People (Attorney General)
and
Griffin

Failure of proof by prosecution - Jurisdiction of Court of Criminal Appeal - Courts of Justice Act, 1928 (No.15), s. 5.

The Court of Criminal Appeal quashed a conviction against an accused on the ground that there had been a failure on the part of the prosecution to prove formally a statutory instrument which created the offence charged, but that court directed a retrial of the accused for the offence. Because of such failure, counsel for the accused...

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18 cases
  • DPP v O'Callaghan (No 2)
    • Ireland
    • Supreme Court
    • 16 January 2004
    ...I.L.R.M. 318. The People (Attorney General) v. Giles [1974] I.R. 422; (1974) 110 I.L.T.R. 33. The People (Attorney General) v. Griffin [1974] I.R. 416; (1973) 108 I.L.T.R. 81. The People (Attorney General) v. Kennedy [1946] I.R. 517; (1945) 81 I.L.T.R. 73. The People (Director of Public Pro......
  • Bates v Brady
    • Ireland
    • High Court
    • 12 May 2003
    ...DOWNES UNREP SUPREME 29.7.1976 1976/10/1383 DISEASES OF ANIMALS ACT 1966 FOOT & MOUTH DISEASE ORDER 1956 SI 324/1956 AG, PEOPLE V GRIFFIN 1974 IR 416 STONE JUSTICES MANUAL 103ED 1971 362 PRICE V HUMPHRIES 1958 2 QB 353 ROYAL V PRESCOTT CLARKE 1966 1 WLR 788 DCR 1997 O.12 r17 MAGEE V O'DE......
  • DPP v Cleary
    • Ireland
    • Court of Criminal Appeal
    • 3 March 2006
    ...EVIDENCE ACT 1925 4(1) PEOPLE (AT THE SUIT OF THE AG) v KENNEDY 1946 IR 517 EMERGENCY POWERS ACT 1939 PEOPLE (AG) v GERARD GRIFFIN 1974 IR 416 DANGEROUS DRUGS (RAW OPIUM COCA LEAVES & INDIAN HEMP) REGS 1937 COURTS OF JUSTICE ACT 1924 S29 AG v PARKE UNREP SUPREME 6.12.2004 TAYLOYR, STATE v......
  • DPP v F.E. (No 2)
    • Ireland
    • Supreme Court
    • 26 February 2020
    ...1928 when it was specifically conferred by statute. Even then, the Supreme Court had held (in The People (Attorney General) v. Griffin [1974] I.R. 416) that it could be exercised only in certain circumstances. Henchy J. concluded that it followed that the jurisdiction to hear an appeal did ......
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