People (Attorney-General) v Murphy

JurisdictionIreland
Judgment Date23 January 1947
Date23 January 1947
CourtCourt of Criminal Appeal
(C.C.A.),
The People (Attorney-General)
and
Murphy

Evidence - Statements by accused - Improper inducement - Caution prior to statement - Duty of trial Judge to be judicially satisfied that inducement had ceased to operate on mind of accused before statement made - Statement made in answer to questions by police officer -Whether ipso facto inadmissible - Expression "you are all right" meaning "you will be all right" - Whether an improper inducement -Onus on prosecution to establish that statement is voluntary.

During investigations into a murder, the accused...

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4 cases
  • People (Attorney-General) v Galvin
    • Ireland
    • Court of Criminal Appeal
    • 2 February 1964
    ...made at 12.15 a.m. R. v. Johnston15 Ir. C.L.R. 60; Attorney-General v. M'CabeIR[1927] I.R. 129 and People (Attorney-General)v. MurphyIR [1947] I.R. 236 approved. People (Attorney-General) v. C.DIJR [1943] Ir. Jur. Rep. 74 not approved. The People (Attorney General) v. Galvin. THE PEOPLE (At......
  • People v Kelly (No. 2)
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...v. Galvin [1964] I.R. 325. 27 The People (Attorney General) v. C. [1943] Ir. Jur. Rep. 74. 28 The People (Attorney General) v. Murphy [1947] I.R. 236. 29 The People (Attorney General) v. Manning (1954) 89 I.L.T.R. 155. 30 The Attorney-General v. McCabe [1927] I.R. 129. 31 R. v. Middleton [1......
  • H (T) v DPP & Judge Smithwick
    • Ireland
    • High Court
    • 9 March 2004
    ...If that had not been the position it is quite clear that no relief would have been granted. See also The People (A.G) v. Murphy 1947 I.R. 236, where once again the central issue was the exclusion of a statement obtained by an improper inducement. 141 41. In addition to these Irish cases, I ......
  • People (Attorney General) v Cummins
    • Ireland
    • Supreme Court
    • 1 January 1974
    ...2 [1964] I.R. 325. 3 [1958] 1 W.L.R. 140. 4 [1947] K.B. 297. 5 [1952] 2 Q.B. 911. 6 (1898) 19 Cox C.C. 16. 7 (1864) 15 I.C.L.R. 60. 8 [1947] I.R. 236. 9 (1864) 15 I.C.L.R. 60. 10 [1964] I.R. 325. 11 [1965] I.R. 142. 12 [1927] I.R. 129. 13 (1931) 23 Cr. App. R. 56. 14 (1911) 76 J.P. 191. 15 ......