People (Attorney General) v Gilbert

CourtCourt of Criminal Appeal
Judgment Date13 April 1973
Docket Number[No. 14 of 1972]
Date13 April 1973
People (Attorney-General)

Whether a voluntary statement - Statement made in reply to questions asked by police -Statute imposing penalty for failure to give information -Road Traffic Act, 1961 (No. 24), s. 107.

The accused was tried in the Circuit Court on indictment for receiving a motor car, knowing it to have been stolen, contrary to s. 33, sub-s. 1, of the Larceny Act, 1916, he was convicted and sentenced. Before the trial a policeman had invoked s. 107 of the Road Traffic Act 1961, and had asked the accused to state who was using the car at a particular time, the accused had answered that he was using it at that time. Under s. 107 of the Act of 1961 a person commits an offence if he fails to give any information in his power relating to the identity of the person usinga vehicle, it so requested by a policeman. The accused was informed of the penalty under s. 107 before he was so questioned. At the trial of the accused, evidence of his incriminatory statement was given. On appeal by the accused It was Held, by the Court of Criminal Appeal (FitzGerald C.J., Murnaghan and Pringle JJ.), in allowing the appeal, 1, that the statement made by the accused in answering the...

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13 cases
  • Re National Irish Bank Ltd (No 1)
    • Ireland
    • Supreme Court
    • 21 January 1999
    ...than was necessary to enable the State to fulfil its obligations under the Constitution. The People (Attorney General) v. GilbertIR [1973] I.R. 383; Rock v. IrelandIR [1997] 3 I.R. 484; The People v. McGowanIR [1979] I.R. 45; In re London United Investments plc.ELR [1992] Ch. 578 approved. ......
  • The Director of Public Prosecutions v Stephen Burke
    • Ireland
    • Court of Appeal (Ireland)
    • 22 July 2019
    ...not voluntary then his decision can be only to exclude it.’ 5 That judgment was thereafter considered in The Attorney General v. Gilbert [1973] I.R. 383. There, the accused had been convicted of receiving stolen property (a motor car) contrary to s.33(1) of the Larceny Act, 1916 and in the......
  • Dunnes Stores Ireland Company v Ryan
    • Ireland
    • Supreme Court
    • 5 June 2002
    ...3 All E.R. 456; (1992) 95 Cr. App. R. 191. Saunders v. United Kingdom (1997) 23 E.H.R.R. 313. The People (Attorney General) v. Gilbert [1973] I.R. 383; (1973) 107 I.L.T.R. 89. The State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642; [1987] I.L.R.M. 202. The State (Lynch) v. Coo......
  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • United Kingdom
    • Privy Council
    • 5 December 2000
    ...Ireland a statement by the owner of a vehicle when asked to say who was driving it cannot be used against him in evidence: The People (Attorney General) v. Gilbert [1973] I.R. 383. But some of this material was to the same effect as that in the three Commission cases. For example, in Belgi......
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