R v Whelan

JurisdictionNorthern Ireland
Judgment Date01 January 1972
Date01 January 1972
CourtCourt of Criminal Appeal (Northern Ireland)
(C.C.A.)
R
and
Whelan

Firearms -Joint possession - Evidence to support.

Police entering premises in search of firearms found three brothers in beds in an upstairs room. A revolver and ammunition were found secreted on the top of a chest of drawers in this room. Each of the three men denied possession of the gun and asserted that the gun had been "planted"by the police. The three men were charged with unlawful possession of the revolver and ammunition. At the trial the three accused made statements, again asserting complete innocence. On appeal to the Court of Criminal Appeal it was Held that, though there was very strong evidence that somebody was guilty of an offence in connection with the revolver and ammunition, there was nothing to indicate which individual was guilty, and...

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18 cases
  • DPP v Goulding
    • Ireland
    • Court of Criminal Appeal
    • 29 Julio 2010
    ...and Daniel Goulding Defendant/Applicant MISUSE OF DRUGS ACT 1977 S15 MISUSE OF DRUGS ACT 1977 S27 MISUSE OF DRUGS ACT 1977 S15A R v WHELAN 1972 NI 153 DPP v FOLEY 1995 1 IR 267 1995/2/505 DPP v HUNTER UNREP CCA 8.11.1993 1999/8/1829 R v GALBRAITH 1981 1 WLR 1039 1981 2 AER 1060 1981 73 CR......
  • DPP v Foley
    • Ireland
    • Court of Appeal (Ireland)
    • 1 Enero 1995
    ...that the applicant was aware of the existence of the guns and ammunition in the bed-sit and had them under his control. R. v. WhelanDNI [1972] N.I. 153; Warner v. Metropolitan Police CommissionerELR [1969] 2 A.C. 256; R. v. Murphy, Lillis and BurnsDNI [1971] N.I. 193; Moors v. BurkeUNK (191......
  • DPP v Foley
    • Ireland
    • Court of Criminal Appeal
    • 18 Julio 1994
    ...1968 S2(1) R V COOPER 1969 53 CAR 82 STAFFORD V DPP 1974 AC 878 NORTHERN BANK FINANCE CORPORATION LTD V CHARLTON 1979 IR 172 R V WHELAN 1972 NI 153 WARNER V METROPOLITAN POLICE COMMISSIONER 1969 2 AC 256 R V MURPHY 1971 NI 193 MOORS V BURKE 1919 26 CLR 265 POLICE OFFENCES ACT 1915 S40 M......
  • DPP v John Gallagher
    • Ireland
    • Court of Criminal Appeal
    • 28 Julio 2006
    ...OF THE DIRECTOR OF PUBLIC PROSECUTIONS -v- JOHN GALLAGHER APPLICANT MISUSE OF DRUGS 1977 S15(A)(1) CRIMINAL JUSTICE ACT 1999 S4 R v WHELAN 1972 NI 153 CAMPBELL v MIN FOR POSTS & TELEGRAPHS 1966 IR 69 HAUGHTON v SMITH 1975 AC 476 THEFT ACT 1968 S24(3) (UK) CRIMINAL LAW: Drugs offences; CRIM......
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