The Gazette 1967/71

1968. there was an application to the High Court for an

order for Habeas Corpus but this was also refused. There

was an appeal to the Supreme Court on I2th February

1968, and the Court ordered the case to stand over until

I4th February, when the Attorney-General indicated he

was prepared to allow accused to appeal against the

decision of the Court of Criminal Appeal. The Supreme

Court then allowed the appellant out on bail pending the

hearing of the appeal. The Attorney-General's certificate

was issued on igth February 1968, and stated that he

desired the Supreme Court to consider two points of

law:—

1. On an appeal against conviction and not against

sentence, has the Court of Criminal Appeal juris

diction to increase the sentence originally imposed ?

2. Where it appears that the trial judge and subse

quently the Court of Criminal Appeal has been

misinformed as to the exact details of the accused's

previous convictions, should the sentence be varied?

to the first ground, the applicant relies on the

unreported Supreme Court decision of " The State

(Patrick Woods) v. Governor of Mountjoy ", which held

that, where a notice of abandonment had been served,

the Court of Criminal Appeal had no seisin or jurisdiction

to vary the sentence. It is clear that the applicant here

had only chosen to invoke the Court of Criminal Appeal

regards his conviction only, and accordingly that

Court can only consider a limited appeal and has no

jurisdiction to increase the sentence. The second point

was not considered, because the applicant had already

served more than the 12 months sentence imposed in

the Circuit Court.

So held by the Supreme Court (O'Dalaigh C. J., Walsh,

Budd and Fitzgerald J. J.—McLoughlin J. dissenting).

People (Attorney General) v. Earls—unreported—28th

July 1969.

Where a defendant is charged with stealing specified

goods, the prosecution do not have to prove the theft of

all of them, and to prove that he has stolen a specified

part of them is sufficient.

Machent v. Quinn. Q.B.D. 20/4/70.

An inquiry agent questioning a person about adultery

need not administer a caution, but if he does and is

taken at his word no adverse inference should be drawn

from the fact that his questions were not answered.

Hathaway v. Hathaway. P. 30/4/70.

The Court held that a suspended sentence cannot be

brought into operation as a result of a conviction during

the suspension period and in respect of which a sentence

of absolute or conditional discharge or probation

pessed. If the magistrates' court wished to impose such

a sentence they should commit the convicted person to

assizes cr quarter sessions for the subsequent offence

and the bringing into operation or not of the suspended

sentence could be dealt with together.

Regina v. Tarry. C. of A. 24/3/70.

Contractors carrying out street works

for

local

authority under a written contract had implied authority

to deposit a metal skip container on the highway, and

were not guilty of depositing it "without authoritv or

excuse " in contravention of section 140 'l) of the High

ways Act,

I95Q, even though a motorist ran into it

and was injured when it was unlighted.

Mr. Justice Bean said :

" There must be reason in all

things, and if it is to be said that, every time contractors

authorized to carry out street works wants

to leave

something in the roadway, they must dash off to the

highway authority's office and get authority in writing,

it is not difficult to see how impractical that requirement

becomes."

A. A. King Contractors Ltd. v. Page. Q.B.D. 16/4/70.

Giving judgment on an appeal in which the applicant

claimed that he did not have free choice in retracting a

not guilty plea and pleading guilty, the Court made

observations for the benefit of judges, consel and solicitors

about so-called " plea bargaining".

Regina v. Turner. C. of A. 24/4/70.

The principles in imposing life sentences were con

sidered by the Court when setting aside a life sentence

and substituting four years. Their Lordships allowed an

appeal by lan Thomas Picker, now aged 19, who was

sentenced to life imprisonment at Nottingham Assizes

(Mr. Justice Willis) in July, 1967, after the jury had

found him guilty of

the manslaughter of William

Hcusden, aged 76, a woodman.

Regina v. Picker. C. of A. 13/4/70.

Travel agents who stated in their holiday advertising

brochure that the facilities offered at an hotel in Majorca

included " all

twin-bedded rooms, with private bath,

shower, W.C., and terrace overlooking the harbour " but

some of whose clients were given rooms without a

terrace overlooking the harbour were held to be guilty

of an offence under the Trade Descriptions Act, 1968.

Sunair Holidays Ltd. v. Dodd. Q.B.D. 22/4/70.

There is a right of appeal under section 30 of the

Criminal Appeal Act, 1968, against an order for the

payment of compensation under sections 28 (l) of the

Theft Act, 1968. When the goods which are the subject

of the charge are discovered

toto

an order should

not be made for the payment of compensation of other

goads stolen.

Regina v. Parker. C. of A. 14/4/70

Where applications

for

leave

to appeal are made

without arguable grounds, judges are to make wider use

of their discretionary power to direct that part of the

time the prisoner has spent in custody shall not count

towards his sentence. The object is to reduce the delays,

now unacceptable, caused by the rapid rise in the number

of aoplications for leave, and to enable prompt attention

to be given

to meritorious

cases by deferring

the

unmeritorious applications that stand in their way.

Practice Direction. C. of A. 17/3/70.

Family

Where a guilty mother is given care and control of the

children she should not be given maintenance on the

basis_of what it would cost to look after them ; she should

be given a sum which is reasonable in all the circum

stances for her subsistence. Their Lordships so held when

allowing an appeal by the father a

gain

st an award by

Mr. Justice Ormrod last month of

f.io

week to the

mother fcr maintenance. They va

ried

the award to

£7 los. a week

M.S. v. M.S. C. of A. 20/4/70.

An agreement made between a husband and wife

after he had left her and had formed an attachment for

another woman, to transfer to her the beneficial owner

ship of the matrimonial home whe^e she and the children

of the marriage were living was held to have been entered

134