Sullivan v Robinson

JurisdictionIreland
Judgment Date27 November 1954
Date27 November 1954
CourtSupreme Court
(H.C., S.C.)
Sullivan
and
Robinson

Supreme Court - Appellate jurisdiction from "all decisions" of the High Court - Appeal by complainant from decision of High Court on case stated under s. 83 of Courts of Justice Act, 1924 - Leave to appeal not obtained from High Court - Whether jurisdiction to hear appeal Constitution of Ireland, Articles 34 and 58 - Constitution of the Irish Free State (Saorstat Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 64. Criminal law - Evidence -Admissibility - Admission by conduct - Charge of driving mechanically propelled vehicle while drunk - Accused subjected to examination and tests by medical doctor - Affirmative proof required that such examination and tests undergone voluntarily - Whether evidence of result admissible in absence of such proof - Road traffic - Examination and tests carried out by police doctor -Whether doctor a person in authority - Whether doctor's evidence admissible in absence of caution given to accused - Extent of warning necessary -Adequacy of warning a question of fact.

The Supreme Court has no jurisdiction to hear an appeal against a decision of the High Court on a case stated under the provisions of s. 83 of the Courts of Justice Act, 1924, where leave to appeal has not been obtained from the High Court. As the provisions of Article 34, 4, 3 of the Constitution whereby the Supreme Court shall with such exceptions and subject to such regulations as may be prescribed by law have appellate jurisdiction from all decisions of the High Court, relate to the Supreme Court and the High Court to be established under the Constitution, and as such Supreme Court and High Court had not been established, the appellate...

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19 cases
  • Attorney General v O'Keeffe
    • Ireland
    • High Court
    • 7 May 1955
    ...been voluntarily undergone, and the results thereof are accordingly admissible in evidence. So held by Haugh J. Sullivan v. Robinson [1954] I. R. 161 applied. Cur. adv. vult. Haugh J. :— Before a decision can be reached in this case, I have had to give careful consideration to the case rece......
  • People v O'Shea
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...of Cox v. Hakes 15 A.C. 506 and on the decision of the former Supreme Court, in which it was followed, of The State (Burke) v. Lennon 1954 I.R. 161. In Cox v.Hakes the House of Lords had decided that the then existing right of the subject not to be liable to an appeal against a discharge o......
  • A.B. v Minister for Justice
    • Ireland
    • Supreme Court
    • 30 January 2002
    ...I.R. 341. The People v. O'Shea [1982] I.R. 384; [1983] I.L.R.M. 549. The State (Browne) v. Feran [1967] I.R. 147. Sullivan v. Robinson [1954] I.R. 161. Toth v. Austria (1991) 14 E.H.R.R. 551. Warner v. Minister for Industry and Commerce [1929] I.R. 582. Aliens - Judicial review - Procedure ......
  • Minister for Justice v Wang Zhu Jie
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...ACT 1961 S52(1) COURTS (SUPP PROV) ACT 1961 S52(2) CONSTITUTION ART 34 MIN FOR INDUSTRY & COMMERCE V HEALY 1941 IR 545 SULLIVAN V ROBINSON 1954 IR 161 COURTS OF JUSTICE ACT 1936 S39 COURTS (SUPP PROV) ACT 1961 S48 BEECHAM GROUP V BRISTOL MYERS 1983 IR 325 1 JUDGMENT delivered on the 7th day......
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