The State (Hunt) v O'Donovan

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1972.
CourtSupreme Court
(S.C.)
The State (Hunt)
and
O'Donovan

Appeal - Criminal law -Statutory right of appeal from court of limited jurisdiction - Procedural amendment of statute removing right inadvertently - Whether any right of appeal under Constitution - Equality before the law - Courts of Justice Act, 1924 (No. 10), ss. 31, 63 - Criminal Procedure Act, 1967 (No.12), s. 13, sub-s. 2(b) - Constitution of Ireland, 1937, Articles 34, 40.

The prosecutor signed a plea of guilty to a charge that he had committed an indictable offence and the District Court sent him forward for sentence with that plea to the Circuit Court pursuant to s. 13, sub-s. 2(b), of the Criminal...

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17 cases
  • Damian McCabe v Ireland and Attorney General and Another
    • Ireland
    • High Court
    • 30 Septiembre 2014
    ...DPP v FOLEY UNREP SUPREME 23.1.2014 2014 IESC 2 THE COURTS OF JUSTICE ACT 1924 S29 COURTS OF JUSTICE ACT 1947 S16 HUNT, STATE v O'DONOVAN 1975 IR 39 CRIMINAL PROCEDURE ACT 1967 S13 CRIMINAL PROCEDURE (AMENDMENT) ACT 1973 S1 CONSTITUTION ART 40.3 CRIMINAL PROCEDURE ACT 1967 S13(2)(B) MURPHY......
  • Brohoon v Ireland
    • Ireland
    • High Court
    • 4 Marzo 2011
    ...3 I.R. 218; [1998] 1 I.L.R.M. 1. Phipps v. Hogan [2007] IESC 68, [2008] 3 I.R. 221; [2008] 2 I.L.R.M. 208. The State (Hunt) v. O'Donovan [1975] I.R. 39. Todd v. Murphy [1999] 2 I.R. 1; [1999] 1 I.L.R.M. 261. Constitution - Statute - Constitutionality - Personal rights - Equality - Discrimin......
  • Anthony Enobo Akpekpe v Medical Council
    • Ireland
    • High Court
    • 1 Febrero 2013
    ...2522 2004 2 AER 113 2004 EWCA CIV 167 HOGAN & WHYTE JM KELLY: THE IRISH CONSTITUTION 4ED 2003 PARA 7.2.81 STATE (HUNT) v O'DONOVAN & AG 1975 IR 39 EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003 S5 CONSTITUTIONAL LAW Personal rights Constitutional right to good name - Constitutional right to ......
  • Brennan v The Governor of Castlerea Prison, Maguire v Governor Dochas Centre
    • Ireland
    • Supreme Court
    • 8 Febrero 2019
    ...purpose of these appeals to consider the extent of the right of appeal. Suffice to say that in the case of The State (Hunt) v. O'Donovan [1975] I.R. 39, Finlay J. (as he then was) commented at p. 56: ‘It cannot be suggested that there was ever a common-law right of appeal from such a court......
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