Hallinan v O'Reilly

• Jurisdiction: Ireland
• Court: District Court (Ireland)
• Judgment Date: 01 January 1953
• Date: 01 January 1953

(Dist. Ct.),

Hallinan

and

O'Reilly

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...