People (Attorney General) v Moore

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 January 1950
Date01 January 1950
C.C.A.
The People (Attorney General)
and
Moore

Charge of having had unlawful carnal knowledge of a girl between the ages of 15 and 17 years - Absence of corroboration of girl's evidence - Necessity for trial judge to direct attention of jury to such absence - Reference to want of corroboration implicit in judge's charge but not expressly mentioned - Reference in judge's charge to practice of warning juries of danger of acting on uncorroborated evidence -Failure of judge to give such warning - Conviction quashed - Evidence of girl and of accused conflicting -Direction by trial judge to jury that the question before them was a to which of such witnesses should be believed - Direction incorrect as tending to allow jury to forget that onus of proof lies on prosecution - Conviction quashed.

  1. (1) In a charge of having had unlawful carnal knowledge of a girl over 15 but under 17 years of age contrary to s. 2, sub-s. 1 of the Criminal Law (Amendment) Act, 1935, it is not sufficient in a case where the evidence of the girl is not corroborated, that a warning to the jury of the danger of convicting on such uncorroborated evidence of the girl is implicit in the judge's charge. Such warning must be given in explicit terms, and the attention of the jury be specifically...

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5 cases
  • People (Attorney General) v Trayers
    • Ireland
    • Court of Criminal Appeal
    • 1 January 1956
    ...and a new trial ordered. The People (Attorney-General) v. WilliamsIR [1940] I. R. 195, and The State (Attorney General) v. MooreDIJR[1950] Ir. Jur. Rep. 45 followed. Nature and extent of the trial Judge's discretion to comment on the failure of an accused person to give evidence on oath con......
  • DPP v M.K.
    • Ireland
    • Court of Criminal Appeal
    • 19 July 2005
    ...do not propose to elaborate on this rule which has been explained and adopted by Maguire C.J. in The State (Attorney General) v Moore [1950] Ir. Jur. Rep. 45." 82 These are, of course, pre-1990 cases but where in the context of the present law a discretionary warning is given, it is still, ......
  • DPP v P.J.
    • Ireland
    • Court of Criminal Appeal
    • 31 July 2003
    ... 1993 2 IR 186 AG V CRADDEN 1955 IR 130 AG V WILLIAMS 1940 IR 195 R V BASKERVILLE 1916 2 KB 658 AG V TRAVERS 1956 IR 110 AG V MOORE 1950 IR JUR REP 45 O'R (E) V DPP & SHEEHY 1996 2 ILRM 128 1996/7/2102 O'R (D) V DPP 1997 2 IR 273 B V DPP 1997 3 IR 140 M (S) V DPP UNREP MCGUINNESS 20.12.......
  • People (Attorney General) v Cradden
    • Ireland
    • Court of Criminal Appeal
    • 20 June 1955
    ......In the shop she was still crying. She saw a girl named Kathleen Doyle in the shop. When she came outside she made a complaint to her, telling her the story of what had happened to her. She told the same story to Mrs. Moore and later to her mother. Nora Carter gave evidence bearing out the testimony of the prosecutrix that the appellant was with her at the head of the lane, that he had his arm around her and that she was crying; that he accompanied her to the shop and that the prosecutrix had made a complaint to ......
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