State (Dickenson) v Kelly and Another

• Jurisdiction: Ireland
• Judgment Date: 21 October 1964
• Date: 21 October 1964
• Docket Number: (1963. No. 77SS.)
• Court: High Court

(H.C.)

State (Dickenson)

and

Kelly and Another

Power of District Justice to sentence minor to detention - Order of Minister for Justice removing minor to Portlaoise Prison - Invalidity of order until sentence commuted - Subsequent orders commuting sentence of detention to imprisonment -Minor no longer in St. Patrick's - Invalidity of later orders - Prevention of Crime Act, 1908, ss. 1 (1), 7 - Criminal Justice Administration Act, 1914, ss. 10, 17 - Criminal Justice Act,1960, ss. 12, 13 (1).

On the 19th December, 1962, D. Was sentenced in the District Court to be detained in St. Patrick's Institution for 12 months. On appeal to the Circuit Court the sentence was affirmed. On the 8th March, 1963, the Minister for Justice, purporting to act under the provisions of s. 7 of the Prevention of Crime Act, 1908, made an order directing that D. be transferred to Portlaoise Prison for the duration of the unexpired residue of the 12 months. D. was accordingly transferred to Portlaoise Prison. On the 11th June, 1963, the Minister made a further order, purporting to do so under s. 3 of the Prevention of Crime Act, 1908, s. 17 of the Criminal Justice Administration Act, 1914, and s. 13 (1) of the Criminal Justice Act, 1960, commuting the unexpired portion of D.'speriod of detention in St. Patrick's to a term of imprisonment and directing that he be committed to, and detained in, Portlaoise Prison. On the 26th August, 1963, D. obtained a conditional order of habeas corpus, directed to the Governor of Portlaoise Prison. On the 6th September, 1963, the Minister made a further order, purporting to do so under s. 7 of the Prevention of Crime Act, 1908, s. 17 of the Criminal Justice...