People (Attorney General) v McGlynn

JurisdictionIreland
Judgment Date24 July 1967
Date24 July 1967
CourtSupreme Court
(S.C.)
People (Attorney General)
and
McGlynn

Whether statute repugnant to Constitution - Whether case may be stated during course of criminal trial by jury - Courts of Justice Act, 1947, s. 16 - Constitution of Ireland, Art. 34, s. 4, (3).

The accused was charged in the Circuit Court with having committed certain criminal offences. At the conclusion of the evidence, and before the jury's verdict, the Circuit Judge stated a consultative case under s. 16 of the Courts of Justice Act, 1947, referring a question of law to the Supreme Court for its determination, and directed that the prosecution should bear the costs of the case stated. Sect. 16 of the Act of 1947 empowers the Circuit judge to state such case in certain matters "pending before him". At the hearing of the case the Supreme Court raised the question of whether or not s. 16 of the Act of 1947 was repugnant to the provisions of Article 34, section 4 (3) of the Constitution which state that the Supreme Court shall have appellate jurisdiction (subject as therein) from all decisions of the High Court and from decisions of other courts as may be prescribed by law. Held by the Supreme Court ( Ó Dálaigh C.J...

To continue reading

Request your trial
46 cases
  • Menton v Director for Public Prosecutions
    • Ireland
    • High Court
    • 28 July 2006
    ...ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 6 BYRNE v DPP UNREP PEART 22.7.2005 2005/7/1424 DPP v ARTHURS 2000 2 ILRM 363 DPP v MCGLYNN 1967 IR 232 DPP v SPECIAL CRIMINAL COURT & WARD 1999 1 IR 60 CRIMINAL LAW: Delay District Court - Summary jurisdiction - Applicant brought to trial two y......
  • Tracey v Malone
    • Ireland
    • Supreme Court
    • 30 April 2020
    ...if necessary upon an appeal (para. 11; see, DPP v. Special Criminal Court [1999] 1 I.R. 60 and The People (Attorney General) v. McGlynn [1967] 1 I.R. 232). 9 Cooke J. made clear that in the McGlynn case, Ó Dálaigh C.J. pointed out that the nature of a criminal trial was such that, once it s......
  • Doherty v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 24 November 2000
    ...TRIBUNAL 1986 IR 642 O'KEEFFE V BORD PLEANALA 1993 IR 39 MCGRATH V MCDERMOTT 1988 IR 258 RAHILL V BRADY 1971 IR 69 AG, PEOPLE V MCGLYNN 1967 IR 232 RAFFERTY V CROWLEY 1984 ILRM 350 NESTOR V MURPHY 1979 IR 326 LUKE V INLAND REVENUE COMMISSIONERS 1963 AC 557 O'DOMHNAILL V MERRICK 1984 ......
  • DPP v Murphy
    • Ireland
    • Court of Criminal Appeal
    • 21 January 2005
    ...2ED 330 CREDLAND v KNOWLER 1951 35 CR APP R 48 O'MAHONY v BALLAGH 2002 2 IR 410 HOLLAND, STATE v KENNEDY 1977 IR 193 AG, PEOPLE v MCGLYNN 1967 IR 232 R v CORCORAN 1993 CRIM LR 48 25/2002 - Kearns [MacMenamin Clarke] - CCA - 21/1/2005 - 2005 2 IR 125 2005 21 4292 2005 IECCA 1 1 JUDGMENT of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT