State (Sheerin) v Kennedy and Others

• Jurisdiction: Ireland
• Judgment Date: 28 July 1966
• Date: 28 July 1966
• Court: Supreme Court

(S.C.)

State (Sheerin)

and

Kennedy and Others

Validity - Pre-treaty statute - Repugnancy to Constitution - Jurisdiction of High Court to state case as to validity - Offence punishable by three years detention in institution - Whether detention equivalent to imprisonment - Whether a minor offence - Power given to Minister to commute sentence of detention to imprisonment - Whether constitutional - Constitution of Ireland, Art. 38, 40, 50 - Children Act, 1908, ss. 71, 72 - Prevention of Crime Act, 1908, ss. 2, 7.

Under Article 40, section 4, sub-section 3, of the Constitution, the High Court, where it is satisfied that a person is being detained in accordance with a law but that such law is invalid having regard to the provisions of the Constitution, shall refer the question of the validity of such law to the Supreme Court by way of case stated. The prosecutors, S. and McG., had each been convicted of an offence under s. 71 of the Children Act, 1908, and each of them had been sentenced by the District Justice to be detained in St. Patrick's Institution for the term of two years as authorised by s. 2 of the Prevention of Crime Act, 1908. They each obtained in the High Court conditional orders of...