State (Browne) v Feran

Judgment Date24 July 1967
Date24 July 1967
Docket Number[NO. 59 SS of 1966.]
CourtSupreme Court
State (Browne)

Appeal from decision of High Court granting order of Habeas Corpus - Constitution of Ireland, Articles 34, 36, 40, 50 - Certiorari - Order of District Court -Failure to state jurisdiction on order - Criminal Justice Act, 1951, ss. 2, 3.

The prosecutor was charged with having committed an indictable offence. He was tried summarily in the District Court and convicted of the offence. The District Court was empowered to try the prosecutor summarily under s. 2 of the Criminal Justice Act, 1951, and was also so empowered, subject to certain other conditions precedent, under s. 3 of that Act. It was not clear which section had been invoked. The prosecutor obtained in the High Court absolute orders of habeas corpus and certiorari. An appeal lay to the Supreme Court. Held by the Supreme Court ( Ó Dálaigh C.J. Haugh, Walsh, Budd and FitzGerald JJ.): 1. That the appeal was maintainable as the Constitution of Ireland provides that an appeal lies to the Supreme Court from all decisions of the High Court save to the extent to which that appellate jurisdiction is restricted, in accordance with the provisions of the Constitution, by an Act of the Oireachtas; and that there was no relevant restriction. Warner v. Minister for...

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  • Eamonn Andrews Productions Ltd v Gaiety Theatre Enterprises Ltd
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    ...34, s. 4, sub-s. 3, of the Constitution. So Held by the Supreme Court (Walsh, Henchy and Griffin JJ.) The State (Browne) v. FeranIR [1967] I.R. 147 and In bonis Morelli, Vella v. MorelliIR [1968] I.R. 11 distinguished. Andrews Productions v. Gaiety Theatre EAMONN ANDREWS PRODUCTIONS LIMITED......
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    ...I.R. 384; [1983] I.L.R.M. 549. The People (Director of Public Prosecutions) v. J.T. (1988) 3 Frewen 141. The State (Browne) v. Feran [1967] I.R. 147. The State (Boyle) v. Neylon [1986] I.R. 551; [1986] I.L.R.M. 337; [1987] I.L.R.M. 535. State (O'Connell) v. Fawsitt [1986] I.R. 362; [1986] I......
  • A.B. v Minister for Justice
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    ...301. The People (A.G.) v. Conmey [1975] I.R. 341. The People v. O'Shea [1982] I.R. 384; [1983] I.L.R.M. 549. The State (Browne) v. Feran [1967] I.R. 147. Sullivan v. Robinson [1954] I.R. 161. Toth v. Austria (1991) 14 E.H.R.R. 551. Warner v. Minister for Industry and Commerce [1929] I.R. 58......
  • People v O'Shea
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    ...restricted or limited meaning. It was this very question which was considered and decided by this Court in The State (Browne) v. Feran 1967 I.R. 147. In that case the prosecutor had obtained an absolute order of habeas corpus in the High Court and the parties who had shown cause sought to ......
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