DPP v O'Donoghue

JurisdictionIreland
Judgment Date15 February 1991
Date15 February 1991
Docket Number[1991 No. 27(a) S.S.]
CourtHigh Court

High Court

[1991 No. 27(a) S.S.]
Director of Public Prosecutions v. O'Donoghue
Director of Public Prosecutions
Complainant
and
Eamon
O'Donoghue
Defendant

Case mentioned in this report:—

Martin v. Quinn [1980] I.R. 244.

Criminal law - Road traffic - Evidence - Witness - Specialist qualifications - Proof - Medical practitioner - Testimony of witness that he was registered medical practitioner - Whether witness required to establish that he was registered medical practitioner a material time - Road Traffic (Amendment) Act, 1978 (No. 19), s. 13, sub-s. 3.

Case Stated.

The facts have been summarised in the headnote and appear in the judgment of O'Hanlon J., post.

On the 15th June, 1990, a charge against the defendant of failure to permit a designated registered medical practitioner to take from him a specimen of his blood or, at the option of the defendant, to provide for a designated registered medical practitioner a specimen of his urine, contrary to s. 13, sub-s. 3 of the Road Traffic (Amendment) Act, 1978, was dismissed by the Dublin Metropolitan District Court. The complainant's appeal, by way of case stated dated the 9th January, 1991, was heard by the High Court (O'Hanlon J.) on the 11th February, 1991.

The defendant was charged with failing to permit a designated registered medical practitioner to take from him a specimen of his blood or, at the option of the defendant, to provide for a designated registered medical practitioner a specimen of his urine, contrary to s. 13, sub-s. 3 of the Road Traffic (Amendment) Act, 1978. At the hearing in the District Court evidence was given that a certain witness had been introduced to the defendant in a garda station as "the designated registered medical practitioner". This witness was asked by counsel for the prosecution: "I think...

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4 cases
  • Stokes v O'Donnell
    • Ireland
    • High Court
    • 1 January 1999
    ...TRAFFIC ACT 1961 S66 HOLLAND, STATE V KENNEDY 1977 IR 193 CHILDREN ACT 1908 S102(3) ROAD TRAFFIC (AMDT) ACT 1978 S13(3) DPP V O'DONOGHUE 1991 1 IR 448 MCNALLY V MARTIN 1995 1 ILRM 350 KEENEY, STATE V O'MALLEY 1986 ILRM 31 CHILDREN ACT 1908 PART V 1 Judgment of delivered on the 29th day o......
  • DPP v O'Donoghue
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    ...point in time - Road Traffic Act, 1961, s. 49 - Road Traffic (Amendment) Act, 1978, s. 13 - (1991/27 SS - O'Hanlon J. - 15/2/91) - [1991] 1 I.R. 448 |Director of Public Prosecutions v. O'Donoghue| EVIDENCE Onus of proof Prosecution - Road traffic - Motorist - Alcohol test - Requirement - R......
  • McNally v Martin
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    • Supreme Court
    • 1 January 1995
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    • 14 January 1994
    ...(AMDT) ACT 1984 S5 ROAD TRAFFIC ACT 1961 S49(6) ROAD TRAFFIC (AMDT) ACT 1978 S13(1) ROAD TRAFFIC (AMDT) ACT 1978 S13(3) DPP V O DONOGHUE 1991 1 IR 448 HEALY, STATE V O'DONOGHUE 1976 IR 325 HOLLAND, STATE V KENNEDY 1977 IR 193 ROAD TRAFFIC (AMDT) ACT 1978 S13 ROAD TRAFFIC (AMDT) ACT 1978 S18......

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