Re Beggs
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1944 |
| Date | 01 January 1944 |
| Court | King's Bench Division (Northern Ireland) |
(K.B.D., N.I.),
In re Beggs
Legality of sentence - Remedy under Criminal Appeal (N.I.) Act, 1930 (20 21 Geo. 5, cap. 45)
The Court of King's Bench will not in general grant a writ of habeas corpus to bring up a prisoner under a sentence, alleged to be illegal, imposed by a Superior Court. The proper method of reviewing such a sentence is by appeal under the Criminal Appeal (N.I.) Act, 1930
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6 cases
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O'Farrell v Governor of Portlaoise Prison
...on him had expired.’ 9.7 The Court of Appeal of Northern Ireland took the same approach in perhaps less dogmatic terms In re Beggs [1944] N.I. 121. There, after an erudite argument, Andrews L.C.J. held that the Court of King's Bench will not in general grant a writ of habeas corpus to bring......
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Maguire v Governor of Mounjoy Prison
...I.R. 131, O'Higgins J. endorsed statements, all to similar effect, in the judgments in The State (Cannon) v. Kavanagh [1937] I.R. 428; In re Beggs [1944] N.I. 121 and In re Featherstone (1953) 37 Cr App R. 156, and went on to state:- ‘The stipulation in Article 40, s. 4, sub-s. 1, of the Co......
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McGlinchey v Governor of Portlaoise Prison
...ACT 1925 S15 OFFENCES AGAINST THE STATE ACT 1939 MCDONAGH, STATE V FRAWLEY 1978 IR 131 CANNON, STATE V KAVANAGH 1937 IR 428 BEGGS, IN RE 1944 NI 121 FEATHERSTONE, RE 1953 37 CAR 146 CONSTITUTION ART 40.4.1 OFFENCES AGAINST THE STATE ACT 1939 S39(3) 1 JUDGMENT delivered on the 20th day of J......
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State (McDonagh) v Frawley
...[1974] I.R. 259. 3 The Emergency Powers Bill, 1976 [1977] I.R. 159. 4 The State (Cannon) v. Kavanagh [1937] I.R. 428. 5 In re Beggs [1944] N.I. 121. 6 In re Featherstone (1953) 37 Cr. App. R. 146. 7 Athanassiadis v. Government of Greece [1971] A.C. 282. Constitution - Personal rights - Libe......
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