DPP v Kemmy
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 25 March 1980 |
| Docket Number | [1979 No. 301 SS.] |
| Date | 25 March 1980 |
(S.C.)
Director of Public Prosecutions
and
Kemmy
Completion of statutory form - Form to be completed and signed by doctor - Completed form to be sent to statutory body - Doctor completing and signing upper of two duplicate forms - Doctor's entries appearing instantaneously on lower duplicate - Lower duplicate sent to statutory body - Requirements of statute satisfied - Road Traffic (Amendment) Act, 1978 (No. 19), ss. 21, 23.
Section 23, sub-s. 3, of the Act of 1978 states that a certificate expressed to have been issued by the Medical Bureau of Road Safety pursuant to s. 22 of the Act shall be sufficient evidence, until the contrary is shown, of the facts certified to in it with regard to the concentration of alcohol found by the Bureau in a specimen of...
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34 cases
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DPP (at the suit of Garda Conor Gurn) v McGrath
...24 Reliance is placed on the following passage from the judgment of O'Higgins C.J. in Director of Public Prosecutions v. Kemmy [1980] I.R. 160 at 164. ‘Where a statute provides for a particular form of proof or evidence on compliance with certain provisions, in my view it is essential that......
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DPP (O'Reilly) v Barnes
...content. The following passage from the dissenting judgment of O'Higgins C.J. in the case of Director of Public Prosecutions v. Kemmy [1980] I.R. 160 at p. 164 illustrates the first of these principles where he says: "Where a statute provides for a particular form of proof or evidence in co......
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Director of Public Prosecutions v Avadenei
...begin with two statements of general principle. The first is from a relatively early authority, Director of Public Prosecutions v Kemmy [1980] I.R. 160. This is a passage from the judgment of O'Higgins C.J. at p. 164, which, although the Chief Justice dissented as to the result in the case......
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DPP v Freeman
...ACT 1994 S13(2) ROAD TRAFFIC ACT 1994 S13(1)(A) DPP v KEOGH UNREP MURPHY 9.2.2004 (EX TEMPORE) ROAD TRAFFIC ACT 1994 S21(1) DPP v KEMMY 1980 IR 160 SUMMARY JURISDICTION ACT 1857 S3 ROAD TRAFFIC (AMDT) ACT 1978 S21 DPP v SOMERS 1999 1 IR 115 1998/16/611 DPP (O'REILLY) v BARNES 2005 4 IR 17......
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