Attorney General v Smith

• Jurisdiction: Ireland
• Judgment Date: 03 June 1947
• Date: 03 June 1947
• Court: High Court

Attorney-General v. Smith.

ATTORNEY-GENERAL

Complainant

and

GEORGE SMITH

Defendant.

Criminal law - Evidence - Limited liability company - Evidence of its existence - Certificate of incorporation.

Case Stated by the District Justice for the District Court Area of Drogheda pursuant to the Courts of Justice Act, 1924, s. 83.

The Case Stated was as follows:—

"At Drogheda District Court on the 21st March, 1947, the defendant, George Smith, was charged, inter alia, 'that between the 7th July, 1946, and 25th July, 1946, at Ardee, Co. Louth, he did conspire with James Smith and George Conaghy to defraud the Ocean Accident and Guarantee Corporation Limited, of such sum or sums as the aforesaid limited company might be held liable to pay under and by virtue of a policy of insurance covering a motor vehicle owned by one George Smith, by falsely representing that, at the time of an accident at Woodtown Cross, Co. Meath, on the 7th July, 1946, in which the said motor vehicle was involved, the said motor vehicle was being driven by one George Conaghy, whose driving would have been covered by the said policy, whereas the said vehicle was at the material time driven by James Smith, a person whose driving is excluded from the cover extended by the said policy.'

The material evidence for the purpose of the Case Stated was as follows:

1. John Arthur Mann swore that he was chief clerk employed by the Ocean Accident and Guarantee Corporation Limited. He produced certificate of insurance dated 7th May, 1946, covering vehicle registered No. I.Y. 3219, in the name of George Smith, Killineer, Drogheda. The said policy of insurance was effected with the Ocean Accident and Guarantee Corporation Limited and the said certificate marked 'D' was annexed to the proceedings and from it it appears that the said Corporation is incorporated in England and the postal address is 41 Westmoreland Street, Dublin, C.1.

Mr. Mann also proved that the said Corporation has an office at 41 Westmoreland Street, Dublin, where they carry on business.

2. John Hamilton Hazzlett, swore that he was accident claims inspector employed by the Ocean Accident and Guarantee Corporation Limited.

He produced a motor vehicle claim form purporting to be signed by George Smith, dated 22nd July, 1946, relating to an accident on the 7th July, 1946, at Woodtown Cross, in which motor lorry I.Y.3219 was involved. The said claim form marked 'F' is headed 'The Ocean Accident and Guarantee Corporation...