People (Attorney General) v Cummins

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1974
Docket Number[S.C. No. 35 of 1971]
Date01 January 1974
The People (Attorney General)
and
Cummins
(S.C.)

Inducement - Whether a voluntary statement - Judges' Rules - Reference of question of law to the Supreme Court - Indictable offence -Preliminary examination - Statement of witness's evidence - Criminal Procedure Act, 1967 (No.12), s. 34.

The accused was tried on indictment in the Circuit Court on a count of shop-breaking and larceny in the premises of Premier Tailors (Ireland) Ltd. At the trial, the prosecution adduced evidence that the accused, while in custody in a police station in relation to another matter, was asked by a policeman "What about Premier Tailors? I believe you did it" and that the accused replied "We did it and we got £255 . . ."; evidence was given that the policeman then cautioned the accused and asked him to make a...

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27 cases
  • DPP v Farrell
    • Ireland
    • Court of Criminal Appeal
    • 1 January 1978
    ...judge presiding at the trial." 16 This comment was adopted with approval by the Supreme Court in The People (Attorney General) v. Cummins 1972 I.R. 312 at 17 In the course of argument on this appeal reliance was placed on a passage from the Supreme Court judgment of Mr. Justice Kingsmill Mo......
  • Buckley v Convening Authority
    • Ireland
    • Courts-Martial Appeal Court
    • 1 January 1998
    ...that he had a right not to answer questions, notwithstanding his military duty to be present. The People (Attorney General) v. CumminsIR [1972] I.R. 312 applied. 7. That whilst the court-martial, if this point had been raised before it, would still have had a discretion to admit the stateme......
  • Re National Irish Bank Ltd (No 1)
    • Ireland
    • Supreme Court
    • 21 January 1999
    ...91. In re McAllister [1973] I.R. 238. Murphy v. Waterfront Commissioners (1964) 378 U.S. 52. The People (Attorney General) v. Cummins [1972] I.R. 312; (1972) 108 I.L.T.R. 5. The People (Attorney General) v. Gilbert [1973] I.R. 383; (1973) 107 I.L.T.R. 89. The People (Attorney General) v. O'......
  • DPP v Diver
    • Ireland
    • Supreme Court
    • 29 July 2005
    ...the Director's submissions in this regard as utterly unrealistic. For at least three decades - since the People v. Lawrence Cummins [1972] IR 312- the courts have urged compliance with the rules or regulations for the treatment of persons in custody, and deplored their breach. There has bee......
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1 books & journal articles
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 12-4, November 2008
    • 1 November 2008
    .... . 282Penney v East Kent HA [2000] Lloyd’s Rep Med41, CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144People vCummins [1972] IR312 . . . . . . . . . . . 231People vFarrell [1978] IR1 . . . . . . . . . . . .231–232People vQuilligan [1986] IR495 . . . . . . . 221, 222Peopl......