DPP v McPARTLAND

JurisdictionIreland
JudgeJustice 0' Hanlon
Judgment Date17 January 1983
Neutral Citation1983 WJSC-CCA 283
Docket Number398 SS/1982
CourtCourt of Criminal Appeal
Date17 January 1983

1983 WJSC-CCA 283

398 SS/1982
DPP v. McPARTLAND
D.P.P
-v-
PHILIP McPARTLAND

Subject Headings:

CRIMINAL LAW: defendant

1

Judgment of Mr. Justice 0' Hanlondelivered the 17th day of January 1983.

2

In this case District Justice McArdle dismissed a charge brought against the Defendant under Sec. 49 (2) and 4 (a) of the Road Traffic Act, 1961, as inserted by Sec.10 of the Road Traffic (Amendment) Act, 1978. He did so in response to a submission made by the Defendant's Solicitor that the medical certificate which formed an essential part of the case against the Defendant referred to "Philip HcPartland, Skealon, Dogarry, Co. Cavan" whereas there were no townlands called "Dugarry" or "Skealon", although there was a townland named " Kiltynaskellan (Dogarry) Co. Cavan". Accordingly it was submitted that there was no evidence that the Defendant was the person named in the Medical Bureau' sCertificate.

3

The summons served on the Defendant gave his name and address as "Philip McPartland, of Skealon, Dogarry PostOffice Co. Cavan", and he duly appeared in Court in response to that Summons and was represented by a Solicitor at the hearing. No objection appears to have been taken or amendment sought in relation to those descriptive particulars of the Defendant in the Summons and they must be taken to have been accepted by him and by his Solicitor as adequate and correct for the purpose of identifying him as the person against whom the charge was brought.

4

As these descriptive particulars are identical with the particulars contained in the Medical Bureau Certificate (save for minor differences in spelling which I do not regard as being in any way significant) I am of opinion that the finding by the learned District Justice that there was no evidence that the Defendant was the person named in the Medical Certificate is not supported by the facts as recited in the Case Stated, and that the learned District Justice erred in law in making thisfinding.

5

Accordingly the question posed in Paragraph 7 of the Case Stated is answered in the negative and the case will beremitted back to the Distinct Court to be dealt with on this basis.

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3 cases
  • DPP v Avadenei
    • Ireland
    • Court of Appeal (Ireland)
    • May 10, 2016
    ...instances where the incorrect defendant's address was inserted on a relevant form ( The Director of Public Prosecutions v. McPartland [1983] I.L.R.M. 411); where a Garda's name was placed on a form rather than the defendant's name ( Ruttledge v. Clyne [2006] IEHC 146; (Unreported High Cou......
  • DPP v Gerard Kennedy
    • Ireland
    • High Court
    • July 17, 2009
    ...3 ROAD TRAFFIC ACT 1994 S21(2) DPP v SOMERS 1999 1 IR 115 1998/16/611 DPP v O'NEILL UNREP SUPREME 30.7.1984 1984/6/1983 DPP v MCPARTLAND 1983 ILRM 411 1983/1/283 DPP (O'REILLY) v BARNES 2005 4 IR 176 2005/18/3786 2005 IEHC 245 ROAD TRAFFIC ACT 1994 S17 RUTTLEDGE v DISTRICT JUDGE CLYNE UNR......
  • DPP (Garda O'Brien) v O'Sullivan
    • Ireland
    • High Court
    • December 1, 2008
    ...REG 5(3) ROAD TRAFFIC ACT 1961 (S103) (OFFENCES) REGS 2002 SI 492/2002 REG 5(1) AG (MCDONNELL) v GUERIN 1967 IR 417 DPP v MCPARTLAND 1983 ILRM 411 DPP v COLLINS 1981 ILRM 447 DPP v SOMERS 1999 1 IR 115 CRIMINAL LAW Summons Fixed charge notice - Right to be informed of nature and substance o......

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