People (Attorney-General) v Boylan and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1963
• Date: 01 January 1963
• Court: Court 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...