The State (Blackall) v District Justice Mangan and Circuit Judge McCarthy

Judgment Date01 January 1953
Date01 January 1953
CourtSupreme Court
The State (Blackall)
District Justice Mangan and Circuit Judge McCarthy

District Court orders - Conviction and sentence of terms of imprisonment -No statement as to whether sentences to be consecutive or concurrent - Appeal - Conviction and sentence affirmed on appeal - Whether orders must state if terms of imprisonment are to run concurrently or consecutively.

B. was charged in the District Court on three charges of obtaining money by false pretences. She was convicted in respect of each charge and sentenced to imprisonment for terms of one calendar month, two calendar months and six weeks respectively for each offence. The convictions and sentences of the District Justice were affirmed on appeal to the Circuit Court. The orders of the District Justice did not state if the sentences were to run concurrently or consecutively. B. applied to the High Court for a conditional order of certiorari directed to the District Justice and to the Circuit Court for the purpose of being quashed the records of conviction of the District Court and the order of the Circuit Judge affirming the conviction and sentence on appeal. The application was refused and against this refusal B. appealed to...

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5 cases
  • Freeman v Governor of Wheatfield Place of Detention
    • Ireland
    • Court of Appeal (Ireland)
    • 16 November 2016
    ...and in the absence of such direction the Court held that a presumption of concurrency applied, citing State (Blackhall) v Mangan [1953] 87 ILTR 65 and Carroll v Governor of Mountjoy Prison [2005] 3 IR 292). Judgment approved. Judgment of Mr. Justice Mahon delivered on the 16th day of Novemb......
  • Carroll v Governor of Mountjoy Prison
    • Ireland
    • High Court
    • 12 January 2005
    ...Judge McCarthy [1957] IR 359; State (Holden) v Governor of Portlaoise Prison [1964] IR 80; State(Blackall) v District Justice Mangan (1953)87 ILTR 65 State (McCarthy) v Governorof Mountjoy Prison [1997] 2 ILRM 361 followed - Constitution of Ireland 1937, art 40.4 - Habeas corpus granted ......
  • The State (Brien) v Kelly
    • Ireland
    • Supreme Court
    • 9 May 1970
    ...374. 8 [1964] I.R. 73. 9 [1969] I.R. 273. 10 [1958] 1 W.L.R. 372. 11 See p. 74, ante. 12 See pp. 73, 74, ante. 13 See p. 70, ante. 14 (1952) 87 I.L.T.R. 65. 15 [1969] I.R. 16 [1964] I.R. 73. 17 See [1969] I.R. at p. 278. 18 [1964] I.R. 73. 19 [1937] I.R. 428. ...
  • Healy v Governor of Cork Prison
    • Ireland
    • Supreme Court
    • 1 January 1998
    ...Brumfitt L.R. 3 C.P. 30. R. (Shields) v. Justices of Tyrone [1914] 2 I.R. 89; (1913) 47 I.L.T.R. 46. The State (Blackall) v. Mangan (1952) 87 I.L.T.R. 65. The State (McCarthy) v. Governor of Mountjoy Prison [1998] 2 I.R. 98. The State( McKay Bruce) v. Shannon (Unreported, Supreme Court, 10t......
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