Duffy v Lovegrove

• Jurisdiction: Ireland
• Judgment Date: 01 January 1956
• Date: 01 January 1956
• Court: High Court

Duffy

and

Lovegrove

Notice of intention to prosecute - Sufficiency -Place at which offences alleged to have been committed described as "Stillorgan Road, Dublin"- "Stillorgan Road, Dublin" found to have a minimum length of one mile and a quarter - Road Traffic Act, 1933 (No. 11 of 1933), s. 55, sub-s.2 (b).

L. was charged in the District Court in respect of alleged offences against the Road Traffic Act, 1933, ss. 50 and 51. Such alleged offences did not involve a collision between L's motor car and any person or other vehicle. A notice of intention to prosecute, which had been duly served on L., gave a brief statement of the alleged offences which it set out as having been committed "at Stillorgan Road, Dublin,"The District Justice found as facts that "Stillorgan Road" (of which "Stillorgan Road, Dublin" formed part) was four miles in length, and that "Stillorgan Road, Dublin" was at least one mile and a quarter in length, but could not determine the exact length of "Stillorgan Road, Dublin." It appeared from the evidence of the complainant that the place of the alleged commission of the offences could have been described more particularly by reference to a house and to an intersecting road. It was contended on behalf of L. that the notice served on...