People (Attorney General) v O'Neill

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Court of Criminal Appeal

(C.C.A.)

People (Attorney General)

and

O'Neill

Consumption of drink by defendant motorist - Direction of trial judge -Manslaughter - Criminal negligence - Whether evidence sufficient to support conviction.

The accused was tried on a charge of manslaughter. The charge resulted from a motor car accident which occurred when a car driven by the defendant collided with a car in which the deceased was a passenger. The defendant had spent about an hour in licensed premises on the evening of the accident and while there consumed a shandy and two glasses of ale. There was evidence that he was sober when he left the licensed premises at about 8.50 p.m. The accident occurred at about 9.50 p.m. on the same evening. Counsel for the accused objected to the admission of any evidence relating to the alcoholic drink taken by the accused before the time of the accident. The trial judge admitted such evidence but his charge to the jury contained a strong direction to the effect that the prosecution disclaimed any suggestion that the accused was affected adversely by the drink which he had taken and a statement that the evidence was given for the purpose of tracing the accused's movements prior to the accident. The accused was found guilty. The accused applied to the Court of Criminal Appeal for leave to appeal. Held: 1. That the evidence relating to the alcoholic drink taken by the accused prior...