People (Attorney-General) v Boylan and Others

JurisdictionIreland
Judgment Date01 January 1963
Date01 January 1963
CourtCourt of Criminal Appeal
(C.C.A.)
People (Attorney-General)
and
Boylan and Others

Young offenders -"Criminal habits or tendencies, or association with persons of bad character" - Detention in institution for period "not exceeding the term for which he might have been sentenced to penal servitude or imprisonment" - Prevention of Crime Act, 1908, s. 1 (1) - Criminal Justice Act, 1960, s. 13, (1), (2).

When a sentence of detention in Saint Patrick's Institution is being considered, the existence of a single prior conviction against the young offender does not constitute per sesufficient evidence of his criminal habits or tendencies or association with persons of bad character so as to authorise the imposition of a sentence of detention in that institution for the minimum term of two wears mentioned in s. 1 (1) of the Prevention of Crime Act, 1908 (as amended). Even when there is sufficient evidence of such habits, tendencies or association to authorise a sentence of such detention for two years under the Act of 1908, a lesser period of such detention is now authorised in suitable circumstances by the provisions of s. 13 of the Criminal Justice Act, 1960. So held by the Court of Criminal Appeal. Semble: The maximum period of detention...

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7 cases
  • The State (Clinch) v Connellan
    • Ireland
    • Supreme Court
    • January 1, 1986
    ...State (Stephen Clinch) Prosecutor/ Respondent v. District Justice Peter A. Connellan Respondent/ Appellant Citations: AG, PEOPLE V BOYLAN 1963 IR 238 CONSTITUTION ART 38 CRIMINAL JUSTICE ACT 1951 S5 CRIMINAL JUSTICE ACT 1960 CRIMINAL JUSTICE ACT 1960 S10(1) CRIMINAL JUSTICE ACT 1960 S12 CR......
  • Murray v Clifford
    • Ireland
    • High Court
    • December 17, 1993
    ...S2 CLINCH, STATE V CONNELLAN 1985 IR 597 CRIMINAL JUSTICE ACT 1960 S13 CRIMINAL JUSTICE ACT 1960 S13(2) PRISONS ACT 1970 S5 AG V BOYLAN 1963 IR 238 CRIMINAL JUSTICE ACT 1951 S5 CRIMINAL JUSTICE ACT 1960 S13(1) PRISONS ACT 1970 S2 1 Judgment of Mr. Justice Francis D. Murphydeliveredthe 17th ......
  • State (Roche) v Delap
    • Ireland
    • Supreme Court
    • July 11, 1980
    ...of Monaghan (1906) 40 I.L.T.R. 51. 2 The State (Attorney General) v. Connolly [1948] I.R. 176 3 The People (Attorney General) v. Boylan [1963] I.R. 238. 4 The State (Browne) v. Feran [1967] I.R. 147. 5 The State (White) v. Martin (1976) 111 I.L.T.R. 21. 6 The Attorney General (Lambe) v. Fit......
  • State (Craven) v Frawley
    • Ireland
    • High Court
    • January 1, 1980
    ...6 The State (O.) v. O'Brien [1973] I.R. 50. 7 The State (Murray) v. McRann [1979] I.R. 133. 8 The People (Attorney General) v. Boylan [1963] I.R. 238. 9 Deaton v. The Attorney General [1963] I.R. 170. Certiorari. The facts have been summarised in the head-note and they appear in the judgmen......
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