People (Attorney General) v Kennedy

• Jurisdiction: Ireland
• Judgment Date: 01 January 1947
• Date: 01 January 1947
• Court: Supreme Court

(C.C.A., S.C.),

The People (Attorney-General)

and

Kennedy

Conviction set aside by Court of Criminal Appeal - Notice of appeal to Supreme Court served by Attorney-General - Whether Attorney-General entitled so to appeal - Constructionstruction of Courts of Justice Act, 1924, s. 29 -Conviction for offences against Emergency Powers Orders - Evidence - Emergency Powers Orders not formally proved - Courts of Justice Act, 1924 (No. 10 of 1924), s. 29 - Courts of Justice Act, 1928 (No. 15 of 1928), s. 5 - Emergency Powers Act, 1939 (No. 28 of 1939), ss. 2 and 5.

1. Sect. 5, sub-s. 1, of the Emergency Powers Act, 1939, provides that every person who contravenes a provision in an Emergency Order made under the Act shall be guilty of an offence under the section. Similar provision is made by s. 5, sub-s. 2, in respect of every person who aids abets, assists, or conspires with, another person in committing an offence under the former sub-section. The accused was convicted upon indictment before the Special Criminal Court upon a number of charges alleging offences against s. 5, sub-ss. 1 and 2, of the Emergency Powers Act, 1939. At the trial, Stationery Office copies of the relevant Emergency Orders were produced by the prosecution, but were not formally proved. The accused applied to the Court of Criminal Appeal for leave to appeal against his conviction, on the ground, inter alia, that the prosecution had failed to prove the several Emergency Orders which he was alleged to have contravened. The Court of Criminal Appeal granted his application and, treating it as the appeal, Held that the said Emergency Orders are not in the same position as statutes and that therefore they require to be formally proved in evidence. The Court accordingly allowed the appeal, and set aside the convictions and sentences. [But see The People (Attorney-General)v. Shribman and Samuels, reported ante p. 431.] Sect. 29 of the Courts of Justice Act, 1924, provides:—"The determination by the Court of Criminal Appeal of any appeal or other matter which it has power to determine shall be final, and no appeal shall lie from that Court to the Supreme Court, unless that Court or the Attorney-General shall certify that the...