People (Attorney General) v Blogh

JurisdictionIreland
Judgment Date01 January 1958
Date01 January 1958
CourtCourt of Criminal Appeal
The People (Attorney General) v. Blogh
THE PEOPLE (at the Suit of the ATTORNEY GENERAL)
and
BARRY BLOGH (1)

Court of Criminal Appeal.

Criminal law - Indictment - Count - Dangerous driving - Statement in particulars of offence that accused "drove a vehicle at a speed or in a manner which . . . was dangerous to the public" - Whether count charged accused with two separate offences - Whether count bad for duplicity - Road Traffic Act, 1933 (No. 11 of 1933), s. 51.

B. B., was charged, inter alia, with dangerous driving, contrary to s. 51 of the Road Traffic Act, 1933. The particulars of offence in this count stated that the said B. B., ". . . in a public place . . . drove a vehicle at a speed or in a manner which, having regard to all the circumstances of the case, . . . was dangerous to the public." B. B., was convicted of the offence of dangerous driving. He appealed to the Court of Criminal Appeal on the grounds, inter alia, that the trial Judge misdirected himself in law in refusing to direct the jury that the count referred to two separate offences which would have to be considered separately and distinctly and that the count was bad for duplicity.

Held by the Court of Criminal Appeal that s. 51 of the Road Traffic Act, 1933, creates two separate and distinct offences and as these two offences were charged in the alternative in one count of the indictment, the count was bad for duplicity and the conviction thereon could not stand.

The State (McLoughlin) v. Judge Shannon [1948] I. R. 439, followed.

Held also that the plea that a count is bad for duplicity may be taken on appeal notwithstanding that it was not made on arraignment.

Rex v. Molloy 15 C.A.R. 170 and R. v. Wilmot 24 C.A.R. 63 approved.

Criminal Appeal.

The facts appear sufficiently in the headnote and judgment,post.

The Judgment of the Court was delivered by Kingsmill Moore J.

Kingsmill Moore J.:—

The appellant was indicted in the Central Criminal Court, on a first count, for the manslaughter of one Alice Slattery who had been killed when struck by a motor car driven by the appellant, at Lisboney, County Tipperary, on the 29th December, 1954.

On a second count, in respect of his driving of the motor car on the same occasion, he was charged with dangerous driving, contrary to s. 51 of the Road Traffic Act, 1933. The particulars of offence in this count were that:"On the 29th day of December, 1954, in a public place,viz., Lisboney, Nenagh, in the County of Tipperary...

To continue reading

Request your trial
6 cases
  • DPP v Reid
    • Ireland
    • Court of Criminal Appeal
    • 12 February 2004
    ...1994 S14 DPP V BYRNE 1974 IR 1 DPP V WALLACE UNREP CCA 30.4.2001 2001/8/2212 MCLOUGHLIN, STATE V SHANNON 1948 IR 439 AG, PEOPLE V BLOGH 1958 IR 91 CRIMINAL JUSTICE (ADMINISTRATION) ACT 1924 S1 CRIMINAL JUSTICE (ADMINISTRATION) ACT 1924 S5 Synopsis: - [2004] 1 IR 392 The applicants sought......
  • DPP v Meehan
    • Ireland
    • Court of Criminal Appeal
    • 27 June 2002
    ...CRIMINAL JUSTICE ACT 1994 S31(3) CRIMINAL JUSTICE (ADMINISTRATION) ACT 1924 S5 MCLOUGHLIN, STATE V SHANNON 1948 IR 439 AG, PEOPLE V BLOGH 1958 IR 91 MCGRODDY, STATE V CARR 1975 IR 275 DEVEREAUX V KONSTONOURIS 1992 ILRM 140 RYAN & MCGEE IRISH CRIMINAL PROCESS 252 ARCHBOLD ARCHBOLD CRMINAL......
  • State (McGroddy) v Carr
    • Ireland
    • Supreme Court
    • 1 January 1975
    ...conviction was not invalid on the ground of uncertainty. Thomson v. KnightsELR[1947] K.B. 336 and The People (Attorney General)v. BloghIR [1958] I.R. 91 considered. The State (McGroddy) v. Carr The State (at the Prosecution of John McGroddy) and John Carr [1973 No. 267 SS.] Supreme Court Cr......
  • State (Barry and Others), The v District Justice O Roide in and Another
    • Ireland
    • High Court
    • 1 January 1959
    ...L. R. 267. (5) [1905] 2 I. R. 648. (6) [1910] 2 I. R. 458. (7) 69 I. L. T. R. 267. (8) [1907] 2 K. B. 638. (9) 16 Ir. C. L. R. 23. (10) 90 I. L. T. R. 75. (11) [1948] I. R. 439. (12) 24 Cr. App. R. 49. (13) [1952] N. I. 1. (14) 58 J. P. 318. (15) [1921] 1 K. B. 632. (16) L. R. 7 Q. B. 336. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT