Attorney General v Hollingsworth

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1973
Date01 January 1973
(S.C.)
The Attorney General
and
Hollingsworth

Blood sample - Whether specimen tube stopped in accordance with regulations - Road Traffic Act, 1968 (Part V) Regulations, 1969 (S.I. No. 196), Art. 8 (3) (d) - Road Traffic Act, 1961 (No. 24), s. 49.

Regulations made pursuant to the Act of 1961 provided for the procedure to be adopted when taking a sample of a driver's blood preparatory to testing the sample for its alcoholic content. Article 8 of the regulations provided that a medical practitioner should eject the blood from the syringe into the blood specimen tube and then "stop the tube with the stopper provided". Article 2 of the regulations provided that "in the regulations 'stopper' includes a screw-top or similar device to seal a specimen tube and 'stop' shall be construed accordingly". The defendant was charged with the offence of driving a vehicle with an unauthorised level of alcohol in his blood. At the trial in the District Courtit was established that a doctor had taken a sample of the defendant's blood...

To continue reading

Request your trial
3 cases
  • DPP v Croom-Carroll
    • Ireland
    • Supreme Court
    • 1 January 2000
    ...Defendant/Respondent Citations: ROAD TRAFFIC ACT 1994 S18(1) ROAD TRAFFIC ACT 1961 S49(2) ROAD TRAFFIC ACT 1994 S10 AG V HOLLINGSWORTH 1973 107 ILTR 77 DPP V MCGOVERN UNREP GEOGHEGAN 28.10.1998 1998/16/5810 ROAD TRAFFIC ACT 1968 ROAD TRAFFIC REGS 1968 SI 196/1969 ROAD TRAFFIC ACT 1994 S19 ......
  • DPP v Kemmy
    • Ireland
    • Supreme Court
    • 25 March 1980
    ...of Public Prosecutions Complainant and Michael Kemmy Defendant Cases mentioned in this report:— 1 Attorney General v. Hollingsworth (1973) 107 I.L.T.R. 77. 2 Bennett v. Brumfitt (1867) L.R. 3 C.P. 28. 3 State (Bruce) v. Shannon (1948) 82 I.L.T. & S.J. 180. 4 State (Attorney General) v. Roe ......
  • DPP v CROOM-CARROLL(Case stated and Order only)
    • Ireland
    • High Court
    • 21 April 1999
    ...TRAFFIC ACT 1994 S13(1)(B) ROAD TRAFFIC ACT 1994 S18(1) ROAD TRAFFIC ACT 1994 S18(2) ROAD TRAFFIC ACT 1994 S18(3) AG V HOLLINGSWORTH 1973 107 ILTR 77 Synopsis Road Traffic Road traffic; case stated in High Court; interpretation of s. 18(1) Road Traffic Act, 1994; specimen of blood to determ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT