People (Attorney General) v Grimes

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 July 1955
Date01 July 1955
The People (Attorney General) v. Grimes.
THE PEOPLE (at the suit of the Attorney General)
and
PETER GRIMES (1)

Court of Criminal Appeal.

Criminal law - Sentence of imprisonment imposed by Circuit Judge - Sentence suspended by Court of Criminal Appeal on accused entering into recognisance to keep the peace and be of good behaviour - Breach of recognisance - Application to Circuit Judge to enforce the suspended sentence refused - Similar application to the Court of Criminal Appeal refused - Whether application properly made in the Circuit Court.

A sentence of imprisonment was imposed upon the accused in the Circuit Court, but was suspended by the Court of Criminal Appeal on his entering into a recognisance to keep the peace and be of good behaviour for a period of two years. The accused broke the recognisance by committing an offence for which he was sentenced to a term of imprisonment. The Circuit Court Judge refused to hear an application for an order that he serve his suspended sentence on the completion of the sentence he was then serving. An application, by motion on notice, was made to the Court of Criminal Appeal for an order that the accused be ordered at the expiration of the said sentence to serve the suspended sentence and for an order that his recognisance be estreated, or, in the alternative, for an order giving directions to the Circuit Court Judge as to the enforcement of the said order suspended by the Court of Criminal Appeal.

Held by the Court of Criminal Appeal, refusing the application, that the Court in the exercise of its jurisdiction under s. 34 of the Courts of Justice Act, 1924, had allowed the conviction to stand, but had varied the sentence imposed by the Circuit Court Judge by suspending it and once the Court had done this it had completed its task in the case and there was no ground for regarding the matter as being still before the Court.

Held further by the Court of Criminal Appeal that it was not necessary to rule finally that the Circuit Court had jurisdiction nor could the Court make any order in the nature of mandamus to the Circuit Court to hear the application. It did appear to the Court, however, that the application was properly made in the Circuit Court.

The People (Attorney General) v. Carolan (unreported) considered.

Motion on Notice.

Peter Grimes was sentenced by the Circuit Court Judge in Wicklow on the 10th November, 1952, to two years' imprisonment with hard labour. On the 18th December...

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6 cases
  • DPP v Anthony Foley
    • Ireland
    • Supreme Court
    • 23 January 2014
    ...ACT 2006 S99(9) CRIMINAL JUSTICE ACT 2006 S99(10) COURTS OF JUSTICE ACT 1924 S34 CRIMINAL PROCEDURE ACT 1993 S3 AG, PEOPLE v GRIMES 1955 IR 315 1 FREWEN 496 CRIMINAL JUSTICE ACT 2006 S99(12) CRIMINAL PROCEDURE ACT 1993 S2 CRIMINAL PROCEDURE ACT 1993 S2(3) COURTS OF JUSTICE ACT 1924 S34 CRIM......
  • Heaphy v The Governor of Cork Prison
    • Ireland
    • Court of Appeal (Ireland)
    • 4 May 2018
    ...any application to revoke the suspension was made to the court of trial and not to the Court of Criminal Appeal: The People (At the Suit of the Attorney General) v. Peter Grimes [1955] I.R. 315. However the procedure is now regulated by statute and any application to revoke a sentence suspe......
  • State (P. Woods) v Attorney General
    • Ireland
    • Supreme Court
    • 30 May 1969
    ...23 Cr. App. Rep. 193. 29 [1937] I.R. 428. 30 [1943] I.R. 115. 31 [1944] I.R. 66. 32 (1952) 36 Cr. App. Rep. 64. 33 [1951] I.R. 172. 34 [1955] I.R. 315. 35 [1957] I.R. 36 [1962] I.R. 248. 37 [1963] I.R. 348. 38 [1964] I.R. 80. 39 (1823) 1 B. & C. 711. 40 (1826) 5 B. & C. 395. 41 (1837) 7 Ad.......
  • DPP v Foley
    • Ireland
    • Court of Criminal Appeal
    • 21 December 2011
    ...PROCEDURE ACT 1993 S3 COURTS OF JUSTICE ACT 1924 S34 CRIMINAL JUSTICE ACT 1993 S2(3) AG, PEOPLE v CAROLAN 1943 IJ 49 AG, PEOPLE v GRIMES 1955 IR 315 1 FREWEN 496 COURTS OF JUSTICE ACT 1924 S29 CRIMINAL JUSTICE ACT 2006 S22 DPP v MCCARTHY & ORS UNREP CCA 16.6.2010 2010/16/3808 2010 IECCA 51 ......
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