The State (Cannon) v Kavanagh
| Jurisdiction | Ireland |
| Court | High Court (Irish Free State) |
| Judgment Date | 24 June 1937 |
| Date | 24 June 1937 |
[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.
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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
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The State (Brien) v Kelly
...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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F.X. v Clinical Director of Central Mental Hospital
...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 ......
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FX v Clinical Director of the Central Mental Hospital and Another (No 1)
... ... 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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Patrick Brennan and Others v The Governor of Portlaoise Prison
... ... & 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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