People (Attorney General) v Giles

Judgment Date01 January 1976
Date01 January 1976
Docket Number[S.C. No. 174 of 1973]
CourtSupreme Court
The People (Attorney General)

Indictable misdemeanour at common law - Whether any limit on length of sentence - Appeal from Court of Criminal Appeal - Jurisdiction of Supreme Court - Court of Justice Act, 1924 (No. 10) s.29 - Constitution of Ireland, 1937, Article 34, s. 4, sub-s. 3.

The appellant was indicted and convicted of conspiracy to rob and he was sentenced to serve six years imprisonment. The Court of Criminal Appeal refused to grant him leave to appeal to that court but the Attorney General issued a certificate pursuant to s. 29 of the Courts of Justice Act, 1924, certifying that the decision of that court involved a point of law of exceptional public importance, viz., whether the sentence was a lawful one, and certifying that it was desirable in the public interest that an appeal should be taken to the Supreme Court. The certificate enabled the appellant to appeal to the Supreme Court and in his notice of appeal, apart from the point of law certified, he enterd four grounds of appeal designed to challenge the validity of his conviction. At the hearing of the appeal, the appellant did not rely on those four grounds but sought leave to argue an additional ground challenging the conviction. Held by the Supreme Court (FitzGerald C.J., Walsh and Henchy JJ.), in disallowing the appeal 1, that the offence...

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25 cases
  • Clinton v an Bord Pleanála
    • Ireland
    • Supreme Court
    • 1 November 2006
    ...applicant confined to point of law certified - Whether applicant entitled to advance other points - People (Attorney General) v Giles [1974] IR 422 followed; Ashbourne Holdings Ltd v An Bord Pleanála [2003] 2 IR 114; CS v Minister for Justice [2004] IESC 44, [2005] 1 IR 343; Kenny v An B......
  • DPP v Diver
    • Ireland
    • Supreme Court
    • 29 July 2005
    ...if it considers that no miscarriage of justice has actually occurred)...". 102 I believe, on the basis of 103 A. G. v. Giles 104 [1974] IR 422 that this Court, on the hearing of an appeal pursuant to s.29 is entitled to exercise the same powers as the Court of Criminal Appeal on an appeal b......
  • Kenny v an Bord Pleanála (No 2)
    • Ireland
    • High Court
    • 2 March 2001
    ...Pleanála [1993] 1 I.R. 39, [1992] I.L.R.M. 237. Scott v. An Bord Pleanála [1995] 1 I.L.R.M. 424. The People (Attorney General) v. Giles [1974] I.R. 422; (1974) 110 I.L.T.R. 33. Motion on notice. The facts have been summarised in the headnote and are more fully set out in the judgment of McK......
  • K v The Minister for Justice & Equality
    • Ireland
    • Supreme Court
    • 13 March 2018 cases where the court certified that the appeal involved a point of law of exceptional public importance. In People (A.G) v Giles [1974] IR 422, it had been held that an appeal under the 1924 Act was not limited to the point certified: rather the section was to be understood as providin......
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