People (Attorney General) v Grimes

• Jurisdiction: Ireland
• Court: Court of Criminal Appeal
• Judgment Date: 01 July 1955
• Date: 01 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...