DPP v Mulvany
| Jurisdiction | Ireland |
| Judge | Mr. Justice Aindrias Ó Caoimh |
| Judgment Date | 15 July 2002 |
| Neutral Citation | 2003 WJSC-HC 3935 |
| Court | High Court |
| Date | 15 July 2002 |
2003 WJSC-HC 3935
THE HIGH COURT
BETWEEN:
AND
Citations:
COURT (SUPPLEMENTAL PROVISIONS) ACT 1961 S52
ROAD TRAFFIC ACT 1961 S49(3)
ROAD TRAFFIC ACT 1961 S49(6)(A)
ROAD TRAFFIC ACT 1994 S10
ROAD TRAFFIC ACT 1961 S49(8)
ROAD TRAFFIC ACT 1961 S49(1)
ROAD TRAFFIC ACT 1961 S49(2)
ROAD TRAFFIC ACT 1994 S13(1)(B)
ROAD TRAFFIC ACT 1994 S18
ROAD TRAFFIC ACT 1994 S19(3)
MCCARRON V GROARKE & DPP UNREP KELLY 4.4.2000
DPP V REVILLE UNREP HIGH 21.12.2000
ROAD TRAFFIC ACT 1994 S19
ROAD TRAFFIC ACT 1961 S49
ROAD TRAFFIC ACT 1961 S21(3)
ROAD TRAFFIC ACT 1961 S19(4)
DPP V SOMERS 1999 1 IR 115
DPP V COLLINS 1981 ILRM 447
Synopsis:
CRIMINAL LAW
Case stated
Road traffic offences - Onus of proof - Forwarding of certificate by Medical Bureau - Whether Medical Bureau complied with statutory obligations - Road Traffic Act, 1961 - Road Traffic Act, 1994 (2001/2106SS - O'Caoimh J - 15/7/2002)
DPP v Mulvany
The accused had been arrested pursuant to s.49 of the Road Traffic Act, 1961 as amended on the suspicion of being incapable of having proper control of a motor vehicle due to the consumption of an intoxicant. No doctor was available at a nearby Garda station (Bailieboro) and the accused was taken to another Garda station (Kells) where a sample was taken. The garda in charge of the case brought the sample from the Kells Garda station to the Bailieboro Garda station and sent it to the Medical Bureau of Road Safety from there. Thereafter the Medical Bureau forwarded the certificate of the analysis to Kells Garda station which was then forwarded to Bailieboro Garda station. It was submitted by counsel for the accused that the Medical Bureau had not complied with its statutory obligations under section 19(3) of the Road Traffic Act, 1994 in that the certificate of analysis was not forwarded to the Garda Station where the sample was sent from. The District Court judge submitted a case stated for the opinion of the High Court as to whether the relevant provisions of the Road Traffic Act, 1994 had been complied with.
Held by Ó Caoimh J in answering the case stated as follows. It was clear that the relevant Garda station was the purposes of the Act was the station where the sample was taken. The certificate had been sent to the station where the sample was taken in accordance with the Act. In addition the forwarding of the sample was not a necessary ingredient of proof as a certificate of analysis was in itself sufficient evidence under section 21(3) of the Road Traffic Act, 1994.
JUDGMENT of Mr. Justice Aindrias Ó Caoimh delivered the 15th day of July, 2002.
This is a consultative case stated by Judge David Maughan, a Judge of the District Court assigned to District No. 5 sitting at the District Court at Bailieboro, pursuant to the provisions of s. 52 of the Court (Supplemental Provisions) Act, 1961.
The basis facts are that at a hearing of the District Court held on 17 July, 2000 which came on for hearing on 18 December, 2000 the above accused was charged that on 26 March, 2000 at Corlurgan, Bailieboro, Country Cavan a public place in the court area aforesaid he did drive a mechanically propelled vehicle registration 94 OY 1255 while there was present in his body a quantity of alcohol such that within three hours after so driving the concentration of alcohol in his urine did exceed a concentration of 107 milligrammes of alcohol per 100 millilitres of urine contrary to s. 49 (3) and (6) (a) of the Road Traffic Act, 1961as inserted by s. 10 of the Road Traffic Act, 1994and contrary to the form of the statute in such case made and provided.
It appears that at 5.45 a.m. in the morning on 26 March, 2000 Garda Reynolds arrived at the scene of an accident involving two cards at Corlurgan, Bailieboro and noted a red Peugeot registration number 94 OY 1255 car parked on the left hand side of the road facing Bailieboro. It was noted that the front wheel of the car was punctured and the right wing was missing from the car. The defendant who identified himself of Main Street, Mullagh was attempting to change the wheel of the car and he admitted that he had been the driver of the car at the time of the accident driving from Virginia to Bailieboro. The accused stated that the car driven by him was the property of his father. As Garda Reynolds spoke to the accused he got a strong smell of alcohol from his breath and he noted that the accused was shifting his weight from one foot to the other trying to maintain his balance. Garda Reynolds observed the accused to be excited and difficult to understand at times. He formed the opinion from his observations that the accused was incapable of having proper control of a motor vehicle due to the consumption of an intoxicant and at 6 a.m. he arrested the accused under s. 49 (8) of the Road Traffic Act, 1961as amended for an offence contrary to section 49 (1), (2) and (3) of the Act and explained to the accused that he was being arrested for drink driving.
The accused was brought to Bailieboro Garda Station arriving there at 6.15 a.m. At 6.30 a.m. Garda Reynolds was advised that no doctor was available at Bailieboro and as a result the accused was taken to Kells Garda Station where he was to be examined for the same offence due to the fact that there was no doctor available at Bailieboro. He was taken to Kells arriving there at 7.02 a.m. Dr. Gujeral was in attendance there and a specimen was demanded of the accused under s. 13 (1) (b) of the Road Traffic Act, 1994(the Act of 1994). He opted to provide a sample of his urine which was provided and all of the provisions of s. 18 of the Act of 1994 were complied with. The accused was offered the option of retaining one of the samples and the other sample was placed in a box marked "U" which was sealed by Garda Reynolds and he retained same...
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