People (Attorney General) v McGlynn

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 24 July 1967
• Date: 24 July 1967

(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...