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

• Jurisdiction: Ireland
• Judgment Date: 01 January 1953
• Date: 01 January 1953
• Court: Supreme Court

(S.C.)

The State (Blackall)

and

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...