People v Woods

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Court of Criminal Appeal

(C.C.A.),

The People

and

Woods

Appeal Application for leave to - Abandonment - Notice of, in wrong form - Withdrawal of notice - Special circumstances - Criminal Appeal Rules, 1924, rule 21.

The applicant, who had been convicted and sentenced upon a charge of possession of firearms without a certificate, served notice of an application for leave to appeal against his notice of abandonment of his appeal so far as it related to his sentence. The application duly took its place in the Court list, and at the hearing counsel on behalf of the applicant applied to the Court for liberty to withdraw the notice of abandonment on the grounds, firstly, that the notice was incorrect in form and was inoperative, and, secondly, that if it were operative, it was given at a time when the applicant was out of touch with his legal advisers and was under a misapprehension as to his legal position. Held, that no special circumstances had been...