The State (Cannon) v Kavanagh

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date24 June 1937
Date24 June 1937

High Court.

The State (Cannon) v. Kavanagh
THE STATE (at the prosecution of FELIX CANNON)
and
JOHN KAVANAGH, the Governor of Mountjoy Prison, Dublin, and in the Matter of the CONSTITUTION OF SAORSTÁT saorstátÉIREANN éireann(1)

Habeas Corpus - Conviction on indictment in Circuit Court - 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), sects, 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 State (Saorstát Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 6.

Habeas Corpus.

On the 11th day of November, 1936, the applicant, Felix Cannon, was arrested with one, Michael Cox, on a warrant on a charge of conspiracy to commit offences punishable by law, and, in pursuance of the said conspiracy, of unlawfully obtaining by a false pretence the sum of £22 12s. 4d. from the Prudential Assurance Co., Ltd., with intent to defraud. On the following day they were brought in custody to the Bridewell, Inns Quay, Dublin, and charged with the following offences:—

"On warrant, dated 9th November, 1936, signed by Mr. Little, D.J., on information from the oath of Joseph A. Sheils of 11 College Green, Dublin, and other credible witnesses that one, Felix Cannon, did unlawfully conspire, confederate and agree together with one, Michael Cox, to commit crimes punishable by law, and, in pursuance of said conspiracy, did on or about the 9th day of June, 1936, at College Green in said District unlawfully obtain from the Prudential Assurance Co., Ltd., the sum of £22 12s. 4d. by means of false pretences and with intent thereby to defraud, contrary to the statute in that case made and provided."

On the 18th November, 1936, the accused were charged at the Bridewell, Inns Quay, Dublin, with the following offences:—

1. "Each did unlawfully conspire, confederate and agree together to commit offences punishable by law, to wit, to forge and utter a forged death certificate to the Prudential Assurance Co., Ltd., 11 College Green, Dublin, with intent to defraud.

2. Did on or about the 19th March, 1936, in pursuance of said conspiracy, feloniously forge a certain document, to wit, a death certificate, purporting to be a certified copy of the death of one, Ellen Egan, at Lawlaughtvally, Mohill, on the 22nd February, 1936, and bearing entry No. 152 in the Register Book of Deaths for the Registration District of Mohill, and purporting to be signed by the Registrar of Births and Deaths for the said Registration District, with intent to defraud.

3. Did on or about the 29th May, 1936, in pursuance of said conspiracy unlawfully utter to the Prudential Assurance Co., Ltd., 11 College Green, Dublin, the said forged certificate, with intent to defraud."

On the 12th and 19th day of November, 1936, the accused appeared in the Dublin Metropolitan District Court, charged with the above-mentioned offences, and, on the 19th day of November, 1936, were returned for trial on the said offences to the Dublin Circuit Criminal Court. The indictment preferred in the Circuit Court includedinter alia the following count: "causing money to be paid by means of a forged document, contrary to sect. 7 of the Forgery Act, 1913, the particulars of the offence being that the accused on or about the 2nd day of June, 1936, in the City of Dublin, with intent to defraud, caused the Prudential Assurance Co., Ltd., to pay the sum of £22 12s. 4d., or part thereof, by means of a forged document, to wit, a certificate purporting to be a certified copy of entry No. 152 in the Register Book of Deaths for the District of Mohill, and to be signed by Joseph Nicholson, knowing same to be forged." On this count Cox was acquitted but Cannon was convicted on the 31st day of May, 1936, sentenced to six months imprisonment with hard labour and removed to Mountjoy Prison, Dublin, to undergo sentence...

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28 cases
  • The State (Brien) v Kelly
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    ...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......
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