State (Carney), The v Governor of Portlaoighise Prison

JurisdictionIreland
Judgment Date25 November 1957
Date25 November 1957
CourtSupreme Court

Supreme Court.

The State (Carney) v. Governor of Port-laoighise Prison
THE STATE (at the Prosecution of HENRY CARNEY)
and
The GOVERNOR OF PORT-LAOIGHISE PRISON

Criminal law - Conviction - Sentence of penal servitude - Remission of part of sentence earned by industry and good conduct - Subsequent sentence of imprisonment to run from legal expiration of sentence of penal servitude - Whether sentence of penal servitude has legally expired - Whether prosecutor entitled to be set at liberty - Whether time fixed for the commencement of term of imprisonment has been reached - Habeas corpus ad subjiciendum -Validity of Rule 38 (2) of the Rules for the Government of Prisons, 1947 (Stat. R. & Ors., 1947, No. 320) - Penal Servitude Act, 1853 (16 & 17 Vict., c. 99), ss. 9, 11 - Penal Servitude (Amendment) Act, 1864 (27 & 28 Vict., c. 4), ss. 4, 10.

Habeas Corpus.

The prosecutor, Henry Carney, was tried on the 30th June, 1952, in the Central Criminal Court and convicted on three counts of conspiracy, breaking and entering and larceny and was on the 7th July, 1952, sentenced to penal servitude for four years on each of these counts, the sentences to run concurrently. On appeal to the Court of Criminal Appeal the Court directed that a period of two years' imprisonment be substituted for the sentence of four years' penal servitude imposed on the count of conspiracy, quashed the conviction on the count of larceny and affirmed the conviction and sentence on the count of breaking and entering. On the 13th October, 1952, the prosecutor was convicted in the Circuit Criminal Court for receiving stolen goods and was put back for sentence. On the 6th February, 1953, he was sentenced to a term of imprisonment with hard labour for a period of twelve calendar months, this sentence to run from the legal expiration of the sentence of four years' penal servitude imposed on the 7th July, 1952, by the Central Criminal Court. The prosecutor, by good conduct and industry, earned the maximum remission of his sentence of penal servitude and, consequently, should have been released from custody on the 6th July, 1955. He was not released on this date but was still in custody in Portlaoighise Prison, where he served his sentence. On the 29th July, 1955, Haugh J. granted a conditional order ofhabeas corpus ad subjiciendum directed to the Governor of Portlaoighise Prison to bring the prosecutor before the Court and to show cause for his detention. The Governor of Portlaoighise Prison by affidavit, sworn on the 8th August, 1955, by way of cause shown against the making of the conditional order absolute, stated, inter alia, that the sentence of four years' penal servitude expired on the 6th July, 1955, the prosecutor having earned full remission by his good conduct and industry and that he was now in the custody of the Governor of the said prison, serving the sentence of twelve months' imprisonment with hard labour imposed on him on the 6th February, 1953. On the 24th August, 1955, the prosecutor applied to the High Court to have the said conditional order of habeas corpus made absolute, notwithstanding cause shown.

H. C., was convicted of certain offences on the 30th June, 1952, and on the 7th July, 1952, was sentenced, in respect of each, to penal servitude for a period of four years, the sentences to run concurrently. On the 13th October, 1952, he was convicted of another offence and on the 6th February, 1953, he was sentenced in respect thereof to imprisonment for twelve months, the sentence to run from the legal expiration of the sentence of four years' penal servitude. Having earned full remission by industry and good conduct, on the 6th July, 1955, the said H. C. was still in the custody of the Governor of Portlaoighise Prison. He obtained a conditional order of habeas corpus ad subjiciendum on the 29th July, 1955, directed to the Governor of Portlaoighise Prison, requiring him to show cause for the detention of the saidH. C. On the application to the High Court to make absolute the conditional order, Teevan J. allowed the cause shown and discharged the conditional order. On appeal by H. C. it was

Held by the Supreme Court (Maguire C.J., Lavery and Kingsmill Moore JJ.) affirming Teevan J., that the sentence of penal servitude had not expired and that the prosecutor was lawfully detained under the earlier warrant.

Held also by the Supreme Court that Rule 38, para. 2, of the Rules for the Government of Prisons, 1947 (Stat. R. & Ors., 1947, No. 320), is...

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7 cases
  • Callan v Ireland & AG
    • Ireland
    • Supreme Court
    • 18 July 2013
    ...Defendant/Respondent CONSTITUTION ART 13 CRIMINAL LAW ACT 1997 S11(5) PRISON RULES SI 252/2007 r59 CONSTITUTION ART 40 CARNEY v IRELAND 1957 IR 25 PRISON RULES SI 252/2007 O.59(1) PRISON RULES SI 252/2007 r59(2) CRIMINAL LAW Sentence Remission - Commutation of death sentence to penal servit......
  • Hampshire County Council v E
    • Ireland
    • Court of Appeal (Ireland)
    • 24 July 2020
    ...of law which the complainant is considered justified in raising. The decision of The State (Carney) v. Governor of Portlaoighise Prison [1957] I.R. 25, in which the High Court ordered that the respondent pay the complainant's costs of a conditional order as the sentence on which he detained......
  • H.B. v Governor of Mountjoy Prison
    • Ireland
    • High Court
    • 30 May 2022
    ...applicant was justified in coming to the court and ought to be paid his costs. In State (Carney) v The Governor of Portlaoighise Prison [1957] I.R. 25, Teevan J. (affirmed by the Supreme Court on appeal), discharged a conditional order of habeas corpus made by Haugh J. but held that:- “In v......
  • State (P. Woods) v Attorney General
    • Ireland
    • Supreme Court
    • 30 May 1969
    ...193. 29 [1937] I.R. 428. 30 [1943] I.R. 115. 31 [1944] I.R. 66. 32 (1952) 36 Cr. App. Rep. 64. 33 [1951] I.R. 172. 34 [1955] I.R. 315. 35 [1957] I.R. 25. 36 [1962] I.R. 37 [1963] I.R. 348. 38 [1964] I.R. 80. 39 (1823) 1 B. & C. 711. 40 (1826) 5 B. & C. 395. 41 (1837) 7 Ad. & El. 58. 42 (184......
  • Request a trial to view additional results

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