Attorney General v O'Keeffe

• Jurisdiction: Ireland
• Judgment Date: 07 May 1955
• Date: 07 May 1955
• Court: High Court

High Court.

Attorney General v. O'Keeffe

THE ATTORNEY GENERAL (SUPERINTENDENT JOHN CROTTY)

and

ANDREW O'KEEFFE (1)

Criminal law - Evidence - Admissibility - Admission by conduct - Result of examination or performance of tests - Charge of driving when drunk - Defendant informed that he would be "examined as to his sobriety" - Examination undergone voluntarily - Word, "tests," never specifically mentioned to defendant - Whether defendant adequately warned that he would be subjected to tests - Whether tests undergone voluntarily so as to be admissible in evidence.

Case Stated by District Justice S. P. Keely, the District Justice for District No. 30, County of Cork, District Court area of Macroom, pursuant to the provisions of 20 and 21 Vict., c. 43, for the opinion of the High Court.

The Case Stated was as follows:—

"This is a Case Stated by me, the Justice of the District Court, sitting on the 2nd day of December, 1953, at the District Court in Macroom, in the County of Cork, on the application in writing of Andrew O'Keeffe, who is dissatisfied with my determination as hereinafter set forth, as being erroneous in point of law, for the opinion of the High Court of Justice.

The said Andrew O'Keeffe, defendant, was charged (a) that on the 11th day of August, 1953, at Macroom, in the County of Cork, a public place within the Court Area and District aforesaid, the said defendant did drive or attempt to drive motor lorry, No. ZF. 483, while he was drunk, contrary to s. 30 of the Road Traffic Act, 1933.

(b) that the said defendant on the 11th day of August, 1953, at Macroom, in the County of Cork, a public place within the Court Area and District, did drive a vehicle, to wit, motor lorry, No. ZF. 483 (i) at a speed (ii) in a manner which having regard to all the circumstances of the case (including the nature, condition, and use of such place, and the amount of traffic which then actually was, or might reasonably be expected then to be, in such place), was

dangerous to the public, contrary to s. 51 of the Road Traffic Act, 1933.

The facts proved or admitted were as follows:—

At about 11 p.m. on the 11th August, 1953, defendant, Andrew O'Keeffe, of Carrigrohane, Cork, was driving motor lorry, No. ZF. 483, at Sleaveen East, Macroom, when his vehicle came into collision with a motor car, No. IN. 4326, which was being driven in the opposite direction. The driver of this motor car was Mrs. Kathleen Hillgrove, of no. 6 Shear's Street, Cork, and she had as passenger in the car a Mrs. Sheila Hillgrove. As a result of a report to the Garda Station at Macroom, Sergt. John Donohoe and Garda Martin Canny visited the scene at 11.40 p.m., on the said 11th August and there saw the defendant, Andrew O'Keeffe. Sergt. Donohoe arrested the defendant at the scene of the collision, under the powers given by s. 30 of the Road Traffic Act, 1933, and had him conveyed to Macroom Garda Station where he arrived at 12.30 a.m. On arrival...