The State (Woods) v The Governor of Portlaoise Prison
Jurisdiction | Ireland |
Judgment Date | 01 January 1974 |
Date | 01 January 1974 |
Court | High Court |
Sentence to be suspended after thirty - six months if accused of good behaviour - Mistaken release of prisoner on habeas corpus - Re-arrest and imprisonment of prisoner - Expiration of thirty - six months -Whether sentence to be suspended.
The prosecutor in habeas corpus proceedings had been sentenced in 1967 to seven years penal servitude but the trial judge had directed that if and when the prosecutor should have completed thirty-six months of that sentence and should have complied with prison discipline the trial judge would suspend the balance of the sentence upon the prosecutor entering into a bond to keep the peace for the remainder of the sentence. In 1968 the prosecutor was released by the High Court in habeas corpus proceedings but the order of the High Court was set aside on appeal to the Supreme Court. The prosecutor was imprisoned again in 1971, and in 1973 he obtained in the High Court a...
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DPP v Murphy
...to run without cessation and could not be stopped from running by any court. The State (Woods) v. Governor of Portlaoise Prison (1973) 108 I.L.T.R. 54 followed. 2. That this was so notwithstanding the release of a prisoner during the currency of a term of penal servitude which had been impo......
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Freeman v Governor of Wheatfield Place of Detention
...on which there is, it might be thought, surprisingly little authority. While it is clear that, as Ó Briain J. said in The State (Woods) v. Governor of Portlaoise Prison (1973) 108 I.L.T.R. 54, 57, a sentence of penal servitude ‘once commenced continues to run without cessation’ and that it ......
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...surprisingly little authority. While it is clear that, as Ó Briain J. said in The State (Woods) v. Governor of Portlaoise Prison (1973) 108 I.L.T.R. 54, 57, a sentence of penal servitude "once commenced continues to run without cessation" and that it "cannot be stopped from running by any c......
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...in the judgment or order of the High Court. Griffin J. :— I agree. 1 [1966] I.R. 501. 2 [1970] I.R. 271. 3 [1972] I.R. 159, 168. 4 (1973) 108 I.L.T.R. 54. 5 See p. 254, ...