People (Attorney-General) v Murphy

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date23 January 1947
Date23 January 1947
(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......
  • 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 ......
  • H (T) v DPP & Judge Smithwick
    • Ireland
    • High Court
    • 9 March 2004