The State (Cannon) v Kavanagh

Judgment Date24 June 1937
Date24 June 1937
CourtHigh Court (Irish Free State)
[H. C., I.F.S.]
The State (Cannon)

Legality of detention for execution of sentence - Whether reviewable on habeas corpus -Criminal law - Jurisdiction of Circuit Court in criminal cases - Offences charged which were alleged not to have been committed where tried -Courts of Justice Act, 1924 (No. 10 of 1924), ss. 48, 53 - Conclusion by jury without evidence on fact essential to jurisdiction - Indictment and conviction of an offence with which accused not charged in District Court - Offence properly arising on evidence given in District Court -Constitution of the Irish Free Sta te (Sacrstt Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 6.

  1. Sect. 53 of the Courts of Justice Act, 1924, provides: —"Provided that the jurisdiction hereinbefore vested in and transferred to the Circuit Court in criminal cases shall be exercised by the Circuit Judges severally as follows: —The Circuit Judge having jurisdiction shall be the Judge for the time being assigned to the Circuit in which the crime has been committed or in which the accused person has been arrested or ordinarily resides, . . ."F. C. and M. C., who were ordinarily resident in Mohill in the County of Leitrim, were arrested at Mohill, taken in custody to Dublin and charged in the Dublin District Court with: —(a) conspiring to and unlawfully obtaining moneys by means of false pretences with intent to defraud; (b) conspiracy to utter and forge a death certificate with intent to defraud; (c) forging a death certificate with intent to defraud, (d) uttering a forged certificate with intent to defraud. The death certificate was delivered by F. C. to M. C. who was an agent of an Assurance Company and who, in accordance with his duty as such agent, forwarded same by post from Mohill to the Company's office in Dublin in connection with a claim under a policy of assurance. A cheque for the amount payable was sent by the Company from Dublin to M. C. who paid the proceeds to F. C., the latter being authorised to receive same by the beneficiary under the policy. The accused were returned for trial in the Dublin District Court. Both in the District and Circuit Courts it was submitted on behalf of F. C. that there was no jurisdiction to try the offences charged, it being contended that the offences, if committed at all, were not committed in Dublin. In respect of one particular count in...

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26 cases
  • The State (Brien) v Kelly
    • Ireland
    • Supreme Court
    • 9 May 1970
    ...a charge in respect of an offence to which the prosecutor had not pleaded guilty in the District Court. The State (Cannon) v. KavanaghIR [1937] I.R. 428 distinguished; 3, that, as no form of plea of guilty had been prescribed, the plea of the prosecutor in the District Court was a valid ple......
  • Minister for Justice and Equality v Anthony Craig
    • Ireland
    • High Court
    • 31 July 2014
    ...1990/10/2890 O'LEARY v AG 1995 1 IR 254 1995 2 ILRM 259 1995/11/2988 DPP v O'T (D) 2003 4 IR 286 2003/19/4385 CANNON, STATE v KAVANAGH 1937 IR 428 1937 71 ILTR 248 AHERNE, STATE v COTTER 1982 IR 188 1983 ILRM 17 HEALY, STATE v DONOGHUE & ORS 1976 IR 325 NOTTINGHAMSHIRE CO COUNCIL v B (K) ......
  • Buck v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 13 July 2016
    ...[1986] I.R. 460; [1988] I.L.R.M. 4. The State (Aherne) v. Cotter [1982] I.R. 188; [1983] I.L.R.M. 17. The State (Cannon) v. Kavanagh [1937] I.R. 428; (1937) 71 I.L.T.R. 248. The State (McDonagh) v. Frawley [1978] I.R. 131. Inquiry under Article 40.4 of the Constitution The facts have been s......
  • Patrick Brennan and Others v The Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 9 November 2007
    ... ... & DPP 2008 4 IR 514 2008 1 ILRM 510 2007/45/9603 2007 IESC 45 OFFENCES AGAINST THE STATE ACT 1939 S30 CRIMINAL JUSTICE ACT 1997 S4 OFFENCES AGAINST THE STATE ACT 1939 S30A(3) ... at page 435 of the report of the State, Cannon v.Kavanagh it would require:" ... " ... most exceptional circumstances for this ... ...
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