McGowan v Carville
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1961 |
| Date | 01 January 1961 |
(H.C., S.C.)
McGowan
and
Carville
Charge of driving without a licence - Onus of proof that the defendant had no licence - Road Traffic Act, 1933, s. 22 (1) - County Officers and Courts (Ireland) Act, 1877, s. 78.
The defendant while driving a motor van was stopped by the complainant and requested to produce his driving licence which he failed to do then, but stated that he would do so at a named Garda Station. The defendant was subsequently charged with driving the vehicle without having a driving...
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22 cases
- Tynan v Jones
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Public Prosecutor v Kum Chee Cheong
...in Eire. Both courts ruled to the contrary in John v Humphreys [1955] 1 WLR 325 In the case of Garda Michael McGowan v Arthur Carville [1960] IR 330 the defendant was the driver of a motor van when he was stopped and requested to produce his driving licence which he failed to do so then, bu......
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Attorney General (Comer) v Shorten
...was not such as to entitle the District Justice to hold that the burden of proof had shifted to the defendant. McGowan v. CarvilleIR[1960] I.R. 330 applied. (H.C.) Attorney-General (Comer) and Shorten False declaration -Burden of proof - Actual knowledge that a declaration false - Means of ......
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DPP v Forsey
...reasonable doubt, is a firmly established part of the law of this State. One of the early leading authorities is McGowan v Carville [1960] I.R. 330, where a District Justice had dismissed a summons for driving without a licence on the basis that it was for the prosecution to prove that the......
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2 books & journal articles
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Same Problem, Same Solution? The Treatment of the Voluntarily Intoxicated Offender in England and Germany
...made it unlawful to drive a vehicle on a road. The Irish courts unsurprisingly rejected this interpretation in McGowan v. Carville [1960] IR 330. 2001] Same Problem, Same Solution The internal act does not seem to withstand the same analysis either. The concept of legal guilt is explicitly ......
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In the Irish Courts
...by the Attorney-General, the conviction wasquashed.SUPREMECOURTINEIREONUS OFPROOFOFHOLDINGALICENCEA.G.(McGowan) v. CarvilleInthis case (95 I.L.T.R. 41). the majority of the SupremeCourtin Eire have refused to follow thejudgmentofLordGoddard C.J. in John v. Humphreys (1955, 1 W.L.R. 325),in ......
