State (Hully) v Hynes
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1966 |
| Date | 01 January 1966 |
| Court | Supreme Court |
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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