Hallinan v O'Reilly

Judgment Date01 January 1953
Date01 January 1953
CourtDistrict Court (Ireland)
(Dist. Ct.),

Notice of intention to prosecute - Service - Notice placed in letter-box of defendant's residence - Whether sufficient compliance with statutory provisions - Road Traffic Act, 1933 (No. 11 of 1933), ss. 50, 51 and 55 (2) (b).

The defendant, while driving his motor car was involved in an accident with a motor cyclist. He was served with a summons charging him with contraventions of sections 50 and 51 of the Road Traffic Act, 1933. A notice of intention to prosecute was put into the letter box of his house within the period required by the said Act. Held that the Court was not satisfied that the defendant had been given notice of intention to prosecute within the meaning of section 55 (2) (b) of...

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1 cases
  • Attorney General (Corbett) v Halford
    • Ireland
    • Supreme Court
    • 5 April 1976
    ...the Circuit Judge will have jurisdiction to receive it when this case now goes back to him; see Attorney General v.McTiernan 87 Ir.L.T.R. 160; The People (Attorney General) v.Griffin 1974 I.R. 416; and the cases referred to in Stone's Justices Manual (1971) I. 8 JUDGMENT delivered on the 5t......
1 books & journal articles
  • In the Irish Courts
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 18-3, July 1954
    • 1 July 1954
    ...no other desire than to assist theCourt".DISTRICTCOURTNOTICE OFINTENTIONTO PROSECUTEHalliman v. O'ReillyTheshort point in this decision (87 I.L.T.R. 160) servesto showthaton occasion the rule requiring anotice ofintention to prosecute for an offenceunderthe Road TrafficAct will be strictly ......

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