DPP v Avadenei
 IESCDET 101
THE SUPREME COURT
O'Donnell Donal J.
IN THE MATTER OF SECTION 2 OF THE SUMMARY JURISDICTION ACT 1857
IN THE MATTER OF SECTION 52 (1) OF THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961
The facts and issues in this matter have been set out in the determination of the Court on the Application for Leave brought by the respondent to this application, (Mihai Avadenei) in . Here the DPP seeks an extension of time to apply for leave to appeal and in the event that leave is granted on the application of the respondent (Mihai Avadenei) for leave to appeal, the DPP seeks leave to cross appeal.
The DPP points out that a cross-appeal must be made by way of separate application for leave and notice of appeal. This must be no longer than 28 days of the perfection of the order of the Court of Appeal. In this case the Director's appeal is contingent upon an appeal made by the respondent. The respondent's notice of appeal was not filed until 28 days had almost elapsed, and accordingly the applicant was not in a position to put in a cross-appeal within the 28 day period. The Court accepts that this is a valid basis to extend time, and accordingly will extend time for the making of this application. This determination should be read together with the application for leave, the respondent's notice, the determination of this Court in the related matter, , the decision of the High Court (Noonan J) and the decision of the Court of Appeal (Edwards J; Birmingham and Mahon JJ concurring) . It is accordingly not proposed to set out the facts in detail.
The application concerns the interpretation of a provision of the Road Traffic Act 2010 relating to the offence of driving a mechanically propelled vehicle in a public place with an excess of 22 micrograms of alcohol per 100 millilitres of breath in the driver's body. Evidence on such a charge is by production of a certificate generated by the Evidenzer (Ireland) breath test apparatus. The High Court held that the Road Traffic Act...
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