People (Attorney General) v Ballins

JurisdictionIreland
Judgment Date01 January 1964
Date01 January 1964
CourtCircuit Court
(Cir. Ct.)
People (Attorney-General)
and
Ballins

Catholic married in Registry Office in England - Subsequent marriage in Catholic Church in Ireland - Conflict between civil law and canon law - Considerations affecting sentence.

The accused had gone through a ceremony of marriage with B. in 1954, in a Registry Office in England, and, while B. was still alive, she went through another marriage ceremony with K. in a Catholic Church in Limerick in 1960. The accused was discharged on entering into a recognisance of her own bond of £50 and one independent surety of the same amount to keep the peace and be of good behaviour for a period of two years. Per Judge O Briain "The position of a Judge who is called upon to administer the Civil Law that for historical reasons conflicts with the Canon Law which is binding upon the majority of the people in this State is . . . unenviable . . . after forty years of...

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4 cases
  • MEC v JAC (Divorce: Recognition)
    • Ireland
    • High Court
    • 9 March 2001
    ...2 I.R. 77. G. McG. v. D.W. (Divorce: Recognition) [2000] 1 I.R. 96; [2000] 1 I.L.R.M. 107. People (Attorney General) v. Ballins [1964] Ir. Jur. Rep. 14. Revenue Commissioners v. Shaw [1982] I.L.R.M. 433. T. v. T. [1983] I.R. 29; [1982] I.L.R.M. 217. Tuohy v. Courtney [1994] 3 I.R. 1; [1994]......
  • B(O) v R & B(O)
    • Ireland
    • High Court
    • 20 July 1999
    ...President of the Circuit Court, Mr. Justice O'Briain; People (at the suit of the A.G.) -v- Christina Ballins (otherwise Kenny), [1964] IR. Jur. Rep 14. 38 In that case, the defendant married in a Registry Office in England. Her husband was involved in criminal activity and was jailed. She r......
  • M.E.C. v J.A.C. and J.O.C.
    • Ireland
    • High Court
    • 9 March 2001
    ... ... NOTICE PARTY AND BY ORDER THE ATTORNEY GENERAL NOTICE PARTY AND IN THE MATTER OF THE ... A number of people combined together and J.A.C bought the grave for Mr. O'Malley. Clearly, ... Justice Barra O'Briam, President of the Circuit Court (AG -v- Ballins 1964 In Jur R 14) expressed the hope that the legislature would look at ... ...
  • M.H. v G.H.
    • Ireland
    • Supreme Court
    • 26 February 2015
    ...jurisdiction to legislate. As far back as the 1950”s Ó Briain J., President of the Circuit Court (in Attorney General v. Ballins (1964) Ir. Jur. 14) expressed the hope that the legislature would look at the whole question of bigamy. Nothing has yet been done to remedy the defects identified......

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