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...