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A V Governor Of Arbour Hill Prison
In ''A v Governor of Arbour Hill Prison'IESC 45]; 0064 IR 88; 0062 ILRM 481, the Supreme Court of Ireland ruled that a finding that criminal legislation is unconstitutional need not render existing convictions void. Background The applicant was convicted before the Dublin Circuit Court on 15 June 2004 of unlawful carnal knowledge of a girl under the age of consent contrary tsection 1(1) of the Criminal Law Act 1935(the 1935 Act). On 24 November 2004 he was sentenced to 3 years imprisonment. Subsequently, in ''CC v Ireland,''CC v Ireland 0062 ILRM 161 the Supreme Court found that that section was inconsistent with the constitutional rights of the accused since it failed to afford the accused the opportunity to defend a statutory rape charge by pleading that he made a reasonable mistake as to the age of the girl. Accordingly, the section was declared unconstitutional pursuant tArticle 50 of the Constitution. A statute inconsistent with the Constitution is ordinarily of no ...
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Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , budg ...
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Coat Of Arms Of Ireland
) , supporters = , compartment = , motto = , orders = , other_elements = , earlier_versions = , use = The harp is used on all Acts of Oireachtas; the seal of the President; the cover of Irish passports; various government departments; the obverse of Irish euro coins. It is also used in the United Kingdom, where it appears in the lower-left quadrant of the royal coat of arms of the United Kingdom and is incorporated as a badge into devices used by official bodies in Northern Ireland. , notes = The coat of arms of Ireland is blazoned as '' Azure a harp Or, stringed Argent'' (a gold harp with silver strings on a blue background). These arms have long been Ireland's heraldic emblem. References to them as being the arms of the king of Ireland can be found as early as the 13th century. These arms were adopted by Henry VIII of England when he ended the period of Lordship of Ireland and declared Ireland to be a kingdom again in ...
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Unlawful Carnal Knowledge
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply ''carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is t ...
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Jus Tertii
''Jus tertii'' (English: third party rights) is the legal classification for an argument made by a third party (as opposed to the legal title holder) which attempts to justify entitlement to possessory rights based on the showing of legal title in another person. By showing legitimate title in another person, ''jus tertii'' arguments imply that the present possessor’s interest is illegitimate or that the present possessor is a thief. Under United States law, ''jus tertii'' arguments are generally insufficient to support actions for replevin because they fail to show that possession is ''more'' legitimate in the third party than in the present possessor. However, a bailee or other legal agent of the owner may successfully assert the argument. The principle is sometimes used to allow one person to enforce or test the constitutional rights of another, which usually can't be done due to lack of standing. This is only possible for fundamental rights, where there is a close connectio ...
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Unlawful Carnal Knowledge
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply ''carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is t ...
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High Court (Ireland)
The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Governm ...
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Supreme Court Of Ireland Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) * Supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of la ...
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2006 In Irish Law
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a con ...
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