DPP v McPARTLAND

 
FREE EXCERPT

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 againstthe 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'sSolicitor that the medical certificate which formed an essential part ofthe case against the Defendant referred to "Philip HcPartland,Skealon, Dogarry, Co. Cavan" whereas there were no townlandscalled "Dugarry" or "Skealon", although therewas a townland named " Kiltynaskellan (Dogarry) Co. Cavan".Accordingly it was submitted that there was no evidence that theDefendant 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 tothat Summons and was represented by a Solicitor at the hearing. Noobjection appears to have been taken or amendment sought in relation tothose descriptive particulars of the Defendant in the Summons and theymust be taken to have been accepted by him and by his Solicitor asadequate and correct for the purpose of identifying him as the personagainst whom the charge was brought.

4

As these descriptive particulars are identical with the particularscontained in the Medical Bureau Certificate (save for minor differencesin spelling which I do not regard as being in any way significant) I amof opinion that the finding by the...

To continue reading

REQUEST YOUR TRIAL