DPP v Joyce

JurisdictionIreland
CourtSupreme Court
JudgeHEDERMAN j
Judgment Date01 January 1985
Neutral Citation1983 WJSC-SC 1950
Date01 January 1985

1983 WJSC-SC 1950

THE SUPREME COURT

O'HIGGINS C.J.

HENCHY J.

HEDERMAN J.

(138/83)
D.P.P. v. JOYCE
IN THE MATTER OF THE COURTS ACTS 1924 – 1981
AND IN THE MATTER OF SECTION 16 of THE COURTS OF JUSTICE ACT 1947.
AND IN THE MATTER OF A PROSECUTION ENTITLED:
THE DIRECTOR OF PUBLIC PROSECUTIONS
.v.
THOMAS JOYCE
1

JUDGMENT OF HEDERMAN j Delivered the 30th day of July 1984 (NEM DISS.)

2

This is a Case Stated by the Circuit Court Judge assigned to the Midland Circuit pursuant to Section 16 of the Courts of Justice Act 1947.

3

The original Case Stated sets out the following:-

4

2 "1. At the Circuit Court sitting at Mullingar, County Westmeath, on the 1st December 1981 a Summons entitled "Director of Public Prosecutions. Complainant and Thomas Joyce Defendant" came on for hearing by way of Appeal from the District Court by the Defendant. The Summons charged the Defendant as follows:-

5

That he the said defendant on the 15th May 1980 at Whitepark, Dysart, Mullingar, drove a motor car PLI 99 while there was present in his body a quantity of alcohol which exceeded a concentration of 100 milligrammes of alcohol per 100 millilitres of blood - contrary to Section 49(2) and (4)(a) of the Road Traffic (Amendment) Act, 1978.

6

On the said charge the Defendant had been convicted and fined £175 and he was disqualified from driving for twelve months and particulars of the conviction were ordered, to be endorsed on his Driving Licence. The Defendant appealed against the said conviction and sentence.

7

2. On the hearing of the said Appeal, the following facts were proved or admitted:-

8

(1) At approximately 7.10 p.m. on the 15th May 1980 Gardai Cannon and Earley were on patrol in an official Garda patrol car when they received a message by radio as a result of which they went to Dysart, Mullingar, County Westmeath.

9

(2) At Dysart, the Gardai saw motor car PLI 99 in a yard the property of the Defendant, Thomas Joyce. They entered the yard and while examining the car they were approached by a man who gave his name as Thomas Joyce. Garda Cannon asked Mr. Joyce who was the owner of car PLI 99 and the Defendant replied that he was the owner.

10

(3) Garda Cannon alleged that an offence had been committed in relation to the car approximately thirty minutes earlier and he asked the Defendant who had been driving it at the time. The Defendant admitted that he had driven from Mullingar at that time. In answer to Garda Cannon, the Defendant stated that he had had his last drink in Wallace's Public House in Mullingar and had not consumed any intoxicating liquor since then, that being at 6 p.m.

11

(4) Garda Cannon noticed that there was a strong smell of intoxicating liquor from the Defendant's breath, he was unsteady on his feet and his voice was incoherent. From his condition, Garda Cannon formed the opinion that the Defendant was unfit to drive a mechanically propelled vehicle due to his having consumed an intoxicant. Garda Cannon required the Defendant to take a breath test. The Defendant agreed and the test proved positive. Garda Cannon arrested the Defendant under Section 49 of the Road Traffic Act 1961as amended and informed the Defendant accordingly.

12

(5) The Defendant ordered the Gardai from his property and resisted arrest and had to be forcibly placed in the patrol car.

13

(6) The Defendant was conveyed to Mullingar Garda Station arriving there at approximately 8 p.m. Doctor William Waldron was called on behalf of the Gardai and the Defendant gave him a blood sample. The sample was forwarded to the Medical Bureau of Road Safety and the...

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