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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27 cases
  • The State (Brien) v Kelly
    • Ireland
    • Supreme Court
    • 9 d6 Maio d6 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......
  • F.X. v Clinical Director of Central Mental Hospital
    • Ireland
    • High Court
    • 3 d2 Julho d2 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 d4 Julho d4 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) ......
  • FX v Clinical Director of the Central Mental Hospital and Another (No 1)
    • Ireland
    • High Court
    • 8 d0 Julho d0 2012
    ... ... CRIMINAL LAW (INSANITY) ACT 2006 S4(5)(C)(I) CONSTITUTION ART 40.4.2 TRIMBOLE, STATE v GOVERNOR OF MOUNTJOY PRISON 1985 ILRM 465 1985 IR 550 1985 3 747 CONSTITUTION ART ... ...
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