The defendant was editor of the Irish newspaper ‘The Nation’. He was accused of treason.
Held: The judge summed up the offence of treason under the Act as follows: ‘if any person shall entertain the intention of deposing Her Majesty from her sovereignty in this country, or the intention of levying war against Her Majesty for the purpose of coercing her to change her measures and counsels and shall in either case manifest such an intention by any printing or writing, he shall be guilty of felony . . an attempt to depose the sovereign does not impart any intention to injure the Queen or even to treat her with any personal disrespect. Neither is a formal intention to deprive her of her titles, position and dignity necessary. The offence has been perpetrated if the prisoner has entertained and expressed the intention of constituting or setting up in this Kingdom any body of persons who were to exercise the functions of the Government and virtually to supersede the Queen’s authority – still more so if the prisoner has entertained and expressed an intention of severing this country from the British crown and establishing either a republic or any other form of Government.’
Judges:
Ball J
Citations:
(1848) St Tr (NS) 915
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Rusbridger and Another v Attorney General CA 20-Mar-2002
The paper wanted to publish an article about the monarchy but was concerened that it might lead to it being prosecuted under the 1848 Act. The complainant sought declarations as to the incompatibility of the 1848 Act with the 1998 Act.
Held: . .
Lists of cited by and citing cases may be incomplete.
Crime, Constitutional
Updated: 06 December 2022; Ref: scu.184027