State (Hully) v Hynes

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1966
Date01 January 1966
(S.C.)
State (Hully)
and
Hynes

English citizen resident in Eire - Charges of offences in England contrary to the Forgery Act, 1913 - Whether a cloak for revenue offences - English warrant endorsed for execution by Deputy Commissioner of the Garda Siochána - Warrant endorsed for execution in Dublin and Wicklow - Arrest under warrant -Validity of endorsements and backing of warrant - Retirement from the Garda Siochana of Garda who endorsed warrant - Whether warrant bad on its face - Retirement of Garda Officer to whom conditional order of habeas corpus directed -Whether prosecutor detained in accordance with law - Petty Sessions (Ireland) Act, 1851, ss. 11, 25, 26, 27, 28, 29, 30, 31, 32 - Constitution, 1937, Articles 1, 5, 6, 29, 40, 50, 73.

The prosecutor, an English citizen resident in this country since 1956, was arrested on the instructions of the respondent. The prosecutor was conveyed to Bray Garda Station where he was detained until released on bail under order of the High Court, following a conditional order of habeas corpus.The arrest was made on the authority of a warrant dated 10th April, 1959, over the hand of a Justice of the Peace for the City of Lancaster in England, on a charge of forgery. The warrant was issued on the information of James Rankin, an Inland Revenue Officer, who alleged that Hully did, with intent to defraud certain partners of his, forge an hotel record book, purporting to be a true record of partnership moneys paid and received by the partnership contrary to section 4 (1) of the Forgery Act, 1913. Deputy Commissioner Brennan endorsed the warrant for execution in...

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8 cases
  • A.B. v The Clinical Director of St. Loman's Hospital
    • Ireland
    • Court of Appeal (Ireland)
    • 3 May 2018
    ...162 that a judge must examine any ground that might render detention unlawful and of Kingsmill Moore J. in The State (Hully) v Hynes (1966) 100 I.L.T.R. 145 at 163 that in habeas corpus a "very wide field of enquiry is open to the court". The High Court can follow any procedures w......
  • Child and Family Agency v McG and JC
    • Ireland
    • Supreme Court
    • 23 February 2017
    ...at 162 that a judge must examine any ground that might render detention unlawful and of Kingsmill Moore J in The State (Hully) v Hynes (1966) 100 ILTR 145 at 163 that in habeas corpus a ‘very wide field of enquiry is open to the court’. The High Court can follow any procedures which admit o......
  • Byrne v Conroy
    • Ireland
    • High Court
    • 22 January 1997
  • N and Another v Health Service Executive and Others
    • Ireland
    • High Court
    • 23 June 2006
    ...BALLYMUN GARDA STATION 1991 IR 189 CIRPACI (ORSE MCCORMACK) v MIN JUSTICE 2005 2 ILRM 547 2005/10/2112 HULLY, STATE v HYNES 1966 100 ILTR 145 NICOLAOU, STATE v BORD UCHTALA 1966 IR 567 CAHILL v SUTTON 1980 IR 269 GUARDIANSHIP OF INFANTS ACT 1964 S11 OXFORD ENGLISH DICTIONARY CONCISE ED M (P......
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