The State (Cannon) v Kavanagh

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

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...

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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......
  • 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......
  • F.X. v Clinical Director of Central Mental Hospital
    • Ireland
    • High Court
    • 3 July 2012
    ...IR 131 O'BRIEN v GOVERNOR OF LIMERICK PRISON 1997 2 ILRM 349 CAFFREY v GOVERNOR OF PORTLAOISE PRISON 2012 IESC 4 CANNON, STATE v KAVANAGH 1937 IR 428 CRIMINAL LAW (INSANITY) ACT 2006 S13 3(A) CENTRAL MENTAL HOSPITAL S4(5)(C) C (E ) v CLINICAL DIRECTOR OF CENTRAL MENTAL HOSPITAL UNREP HOGAN ......
  • 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) ......
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