In the Irish Courts
| DOI | 10.1177/002201834400800306 |
| Date | 01 July 1944 |
| Published date | 01 July 1944 |
| Subject Matter | Article |
In the Irish Courts
COURT
OF
CRIMINAL
APPEAL
OF
EIRE
ABANDONMENT
OF
APPEAL
The
People (A .-G.) v.
Rushe
GQuest
RULE 23 of
the
(English) Criminal Appeal Rilles of 1908
has
been
adopted
(as Rille 21) of
the
Irish
Criminal
Appeal Rules of 1924, so
that
in
both
countries u
an
appellant
at
any
time
. . . . .
may
abandon
his appeal
by
giving notice of
abandonment
thereof . . . .
and
upon
such
notice being given
the
appeal shall be deemed
to
have
been
dismissed
by
the
Court of Appeal."
Although
the
English
Court of Criminal
Appeal"
has
found
it
necessary
to
take
a
strict
view
with
regard
to
the
effect of notices of
abandonment
of
appeals"
(R. v.
Sloan
GWaddington
(1923) 39
T.L.R.
173),
it
is nevertheless clear
that
the
rille
will
not
be literally
interpreted
in such a
way
as
to
render
anotice of
abandonment
an
absolute
bar
to
all
further
proceedings.
"There
is no doubt,"
said
Lord
Reading
C.].
in
R..
v.
Pitman
(1916, 12 Cr.
App.
Rep. 14),
"that
this
Court
has
power
either
to
allow
the
notice of
abandon-
ment
to
be
withdrawn
or
to
re-open
an
appeal which
has
already
been dismissed."
And
the
English Court
has
in
fact
permitted
notices of
abandonment
to
be withdrawn,
in
spite
of
the
statement
in
the
Rille
that
such notice is
tantamount
to
adismissal of
the
appeal:
see R. v. Barker
(1910, 5 Cr.
App.
Rep.
283);
R.
v. Scott (1924, 18 Cr.
App.
Rep.
10).
But
there
does
not
appear
to
be
any
reported
case in which
the
Irish
Court
has
allowed
the
withdrawal
of such notice,
and
in
The
People (A .
..:G.)
v.
Rushe
G
Quest (1944,
l.R.
66),
the
Court recently
limited
itself
to
a
statement
that
it
would "assume,
without
deciding,
that
it
has
jurisdiction
to
grant
such
an
application"
ii.e.,
an
application
to
withdraw
notice of
abandonment
of appeal).
The
applicants
in
that
case
had
been
convicted
by
213
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