Attorney General v Baker

CourtDistrict Court (Ireland)
Judgment Date01 January 1952
Date01 January 1952
Dist. Ct.
Attorney General

Charge preferred before a Peace Commissioner sitting on Sunday - Validity of charge - Lord's Day Observance Act, 1695 (7 Wm. 3, c. 17 (Ir.)).

The defendant was involved in a motor accident on Sunday, July 15th, 1951, and following the accident he was taken to the Garda Station, and was subsequently charged before a Peace Commissioner on that day. The charges preferred were the two summary charges of (1) dangerous driving under s. 51 of the Road Traffic Act, 1933, and (2) driving a mechanically propelled vehicle while drunk, contrary to section 30 of the same Act. Held: Inasmuch as the Peace Commissioner had made the remand on a Sunday, and that this was a judicial act within...

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