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Dáil Éireann debate -
Thursday, 24 Nov 1932

Vol. 45 No. 2

Ceisteanna—Questions. Oral Answers. - Exercise of Prerogative of Mercy.

asked the Minister for Justice if he will state (1) with reference to the 54 prisoners in whose favour (exclusive of the 43 remissions on the occasion of the Eucharistic Congress) the prerogative of mercy was exercised between 1st April, 1932, and 3rd November, 1932, in how many of these cases was the sentence being served imposed for (a) a sexual offence; (b) an offence under the Firearms Act; (c) an offence against the person other than these included under (a) and (b); (d) an offence against property, and (2) in how many other cases under (a), (b), (c) and (d) above, respectively was the exercise of the prerogative considered.

The fifty-four cases mentioned in my reply of 3rd November, to a previous question by this Deputy, covered the period from 1st April, 1932, to 31st October, 1932.

These cases may be classified as follows:—

Sexual Offences

3

Offences under Firearms Act

Nil

Offences against the person

18

Offences against property

22

Other offences

11

During the same period petitions were considered, but no remissions granted, in two-hundred and forty-one (241) other cases, which may be classified as follows:—

Sexual offences

37

Offences under Firearms Act

5

Offences against the person

43

Offences against property

132

Other offences

24

It will be appreciated that in many cases the prisoner was convicted and sentenced in respect of several different offences arising out of the same set of circumstances.

For the purpose of the above classification, the most serious offence (i.e., the offence in respect of which the most severe punishment was awarded) has been taken in every such case.

Does the Minister state that there was no remission for an offence under the Firearms Act in this period?

That is my answer.

What was the charge against Gerald Dempsey?

The exact terms of the count in the case of Gerald Dempsey I cannot recall, and I am not expected to recall, but, according to my recollection, it was a firearms charge. Gerald Dempsey was acquitted of that charge by the jury.

How would the remission in the case of Gerald Dempsey be categorised? Gerald Dempsey was remitted punishment in respect of some charge. In what category would that charge lie?

Let us be clear about the matter. Gerald Dempsey was acquitted of all the offences with which he was charged. There was a clear acquittal. At the conclusion of the trial, the Judge purported to impose a sentence of imprisonment pursuant to the Juries Protection Act in respect of a contempt of court. Gerald Dempsey was sentenced to three months' imprisonment. After quite a short time, he was released.

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