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High Court refuses to order the release of an offender imprisoned on foot of a conviction for attempted robbery despite claims that the common law offence of robbery was abolished by legislation, on the grounds that the applicant is detained on foot of warrants alleging attempted robbery, not robbery.
Criminal law – inquiry under Article 40 – habeas corpus – applicant claims common law offence of robbery was abolished by virtue of the Criminal Justice (Theft and Fraud Offences) Act 2001 – applicant is not detained on foot of warrants alleging robbery, rather warrants alleging attempted robbery – Charleton, McDermott and Bolger, Criminal Law (Dublin,2005) – abolition of the common law offence of robbery does not affect the inchoate offence of attempt to rob – court refuses to direct an inquiry into the grounds of the detention of the applicant.
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