The Queen v Woods and Another

JurisdictionIreland
Judgment Date13 November 1845
Date13 November 1845
CourtQueen's Bench Division (Ireland)

Queen's Bench.

THE QUEEN
and
WOODS and another.

Lord Mohun's caseENR 1 Salk. 104.

The Queen v. Badger 1 Dav. & Mer. 378.

Rex v. Scaife and WifeUNKENR5 Jur. 700; S. C. 9 Dow. 553.

M. T. 1845. Quent'sBenvh. THE QUEEN v. WOODS and another.* Nov.13. NAPIER, with Ross S. Moore, moved to have the prisoners admitted On. an appli-y tocararpeadmirsonts to bail. The charge against them is of manslaughter, and the were apprehended on a coroner's warrant : Lord Mohun's case (a). charged by a coroner's jury The charge against them is not of using fire-arms, but as being h of a party, some of whom had fire-arms, and by the use of which sclaugthteira ette a death occurred. A commitment before trial can only be on the ercise a disÂÂground of necessity : 2 Inst. 42, 189. "For by the common law eit"btle"s;a ludfieldf " a man accused or indicted of high treason, or of any felony that the offen- dens will be " whatsoever, was bailable upon good surety ; for at the common made amena " law the jail was his pledge or surety that could find none." ble to justice, the application The ancient writs of mainprize show how tender the common willbe granted law was towards liberty : 4 Blackstone's Com. 298. " By the "ancient common law before and since the conquest, all felonies " were bailable, until murder was excepted by statute ; so that "persons might be admitted to bail before conviction almost in "every case :" The Queen v. Badger (b). The rule is, that if on the depositions, or facts arising out of them, it be doubtful if the party charged committed the felony, he will be admitted to bail. In a case of misdemeanor he has a right to be admitted to bail : 1 Burn. Just. 322. The 5 & 6 W. 4, c. 33, s. 3 (Eng.), shows that when magistrates are taking bail, the question is not as to the guilt or innocence of the accused, but is as to their exercising a discretion. We offer large bail ; so that supposing there was a case of felony, they will be forthcoming at the trial. Before an indictment be found by the grand jury, the Court will only consider the probability of the prisoners standing their trial: Rex v. Scaife and Wife (c). Brewster, for the Crown. The depositions are what we chiefly rely on to resist this, appl. cation. Here a multitude of persons assemble, the majority of whom are armed ; and will it be said that because some of them are unarmed they are not guilty of a felony ? That statute enabling (a) 1 Salk. 104. (b) 1 Dar. Mer. 378. (c) 5 Jur. 700; S. C. 9 Dow...

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3 cases
  • The Queen v Daniel M'Cartie, and Several Others. The Queen v Denis O'Sullivan, and Several Others
    • Ireland
    • Queen's Bench Division (Ireland)
    • 4 Mayo 1859
    ...1 Wils. 254. Rex v. SeaifeUNKUNK 9 Dowl., P. C., 953; S. C., 5 Jur. 700. The Queens v. BarronetENR 1 El. & Bl. 1. Regina v. Woods 9 Ir. Law Rep. 71. Regina v. GallagherIR 7 Ir. Com. Law Rep. 19. Regina v. AndrewsUNKUNK 8 Jur. 779; S. C., 2 Dow. & L. 10; 13 L. J., M. C., 113; 1 New Sea. Cas.......
  • The Queen v Daniel Gallagher and Others
    • Ireland
    • Queen's Bench Division (Ireland)
    • 5 Mayo 1858
    ...Bench THE QUEEN and DANIEL GALLAGHER and others. Regina v. Woods 9 Ir. Law Rep. 71. COMMON LAW REPORTS. 93 appointing him; it would be so monstrous, that the difficulty I feel E. T. 1858. is, to use language which can make the thing plainer. Prima facie, Queen s Bench FRANKLETON i if the Co......
  • The Queen v James M'Cormick and William Cowan
    • Ireland
    • Queen's Bench Division (Ireland)
    • 16 Noviembre 1864
    ...1 Salk. 104. The Queen v. Badger 4 Q. B. 468. Linford v. Fitzroy 13 Q. B. 240. The Queen v. ScaifeUNK 9 Dowl. P. C. 553. Queen v. Woods 9 Ir. Law Rep. 71. The Queen v. M'CartieIR 11 Ir. Com. Law Rep. 188. The Queen v. GallagherIR 7 Ir. Com. Law Rep. 19. COMMON LAW REPORTS. 411 M. T. 1864. Q......

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