Maher v Attorney General

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1974
Docket Number[1971. No. 3735 P.]
Date01 January 1974
(S.C.)
Maher
and
Attorney General

Administration of justice -Judicial function - Assessment of evidence -Statutory provision stating certificate to be conclusive evidence of matters certified - Whether statutory provisions severable - Road Traffic Act, 1968 (No. 25), s. 44, sub-s. 2 (a) - Constitution of Ireland, 1937, Articles 15, 34, 37, 38.

Section 44, sub-s. 2 (a), of the Road Traffic Act, 1968, provided that a certificate, stating that a specimen of a person's blood contained a specified concentration of alcohol, should be "conclusive evidence" that, when the specimen was taken, the concentration of alcohol in that person's blood was as specified in the certificate. The plaintiff was convicted of an offence under s. 49 of the Road Traffic Act, 1961, in the District Court after a trial in which such certificate was admitted in evidence as an essential proof. The plaintiff claimed in the High Court a declaration that the sub-section was invalid having regard to the provisions of the Constitution, and an order annulling his conviction. On appeal by the plaintiff from the dismissal of his action, it was Heldby the Supreme Court, in allowing the appeal, 1, that the administration of justice in a criminal trial was confined by the Constitution to the Courts and judges constituted and appointed in accordance with the provisions thereof and, therefore, that the essential ingredients of...

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84 cases
  • Sloan v The Special Criminal Court
    • Ireland
    • High Court
    • 1 January 1993
    ...was whether he was a member of the organisation in question, not whether the organisation was unlawful. Maher v. The Attorney GeneralIR [1973] I.R. 140 and The State (McEldowney) v. KelleherIR [1983] I.R. 289 distinguished. 2. That even if s. 19, sub-s. 4 was unconstitutional, there had bee......
  • Desmond v Glackin (No. 2)
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...the court may, after a hearing under that subsection," should be deleted from s. 10, sub-s. 6 of the Act. Maher v. Attorney GeneralIR[1973] I.R. 140 applied. 4. That s. 10, sub-s. 5 (as originally provided) and s. 10, sub-s. 6 of the Act of 1990 provided for two quite separate methods of pr......
  • Mallon v The Minister for Agriculture, Food and Forestry
    • Ireland
    • Supreme Court
    • 26 April 1996
    ...ACT 1972 S3(2) CONSTITUTION ART 15.2.1 CONSTITUTION ART 38 CONSTITUTION ART 43.2 CONSTITUTION ART 40.3 MURPHY V AG 1982 IR 242 MAHER V AG 1973 IR 140 DESMOND V GLACKIN (NO 2) 1992 2 IR 67 CONSTITUTION ART 15.4.2 COMPANIES ACT 1990 S10(5) MEAGHER V MIN FOR AGRICULTURE 1994 ILRM 28 O'BRIEN V......
  • Fitzgerald v DPP
    • Ireland
    • Supreme Court
    • 25 July 2003
    ...ACT 1961 S51 DCR O.102 r15 CONSTITUTION ART 34.1 CONSTITUTION ART 35.1 CONSTITUTION ART 6 BUCKLEY & ORS V AG 1950 IR 67 MAHER V AG 1973 IR 140 MCELDOWNEY, STATE V KELLIHER 1983 IR 289 STREET & HOUSE TO HOUSE COLLECTIONS ACT 1962 S13 STREET & HOUSE TO HOUSE COLLECTIONS ACT 1962 S13(4) CONS......
  • Request a trial to view additional results
4 books & journal articles
  • 'When Divorce is Away, Nullity's at Play': A New Ground for Annulment, its Dubious Past and its Uncertain Future
    • Ireland
    • Trinity College Law Review No. I-1998, January 1998
    • 1 January 1998
    ...at p. 4 7 . 81 [1991] ILRM 65, 78. 82 Ibid. at 79. 83 Regarding the unconstitutionality of such 'judicial law-making' see Maher v. A.G. [ 1973] IR 140. See also M.M v. P.M. [1986] ILRM 515 where McMahon J. observed that to introduce such a new ground of nullity would be to engage in an unju......
  • Consensual Assault - Just what is the law?
    • Ireland
    • Trinity College Law Review No. V-2002, January 2002
    • 1 January 2002
    ...378. " R v. Scatchard (1987) 27 A Crim R 136. 19 McLoughlin v. Minister for the Public Service [1985] IR 631; Maher v. Attorney General [1973] IR 140. [Vol. 5 2oo2N another, both interpretations being diametrically opposed in potential application. However, certain canons of statutory const......
  • A critical assessment of the duty of District Court judges to give reasons
    • Ireland
    • Irish Judicial Studies Journal No. 1-17, January 2017
    • 1 January 2017
    ...& anor. [2016] IESC 7, para. 54 7[2007] 1 IR 400 hereafter “McGonnell” 8[2005] 2 IR 30 hereafter “Whelan” 9Maher v. The Attorney General [1973] IR 140 10In that if an application for inspection of an Intoxilyser machine is made, it would be unconstitutional if the accused did not have an op......
  • A comparison of article 6 of the european convention on human rights and the due process requirements of the constitution of ireland
    • Ireland
    • Irish Judicial Studies Journal No. 2-4, July 2004
    • 1 July 2004
    ...that a decision affecting constitutional rights should be reviewed by 21 [1986] I.R. 362 (H.C. & S.C.). 22 [1984] I.R. 151 (S.C.). 23[1973] I.R. 140 24[1963] I.R. 170 (S.C.). 25 [1985] I.R. 458 (H.C.). Judicial Studies Institute Journal 2004] 45 A Comparison of Article 6 of European Convent......

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