People (Attorney General) v Havelin

• Jurisdiction: Ireland
• Judgment Date: 01 January 1955
• Date: 01 January 1955
• Court: Court of Criminal Appeal

Attorney General

and

O'Keeffe

Admissibility - Admission by conduct - Result of examination or performance of tests - Charge of driving when drunk -Defendant informed that he would be "examined as to his sobriety" - Examination undergone voluntarily - Word, "tests," never specifically mentioned to defendant - Whether defendant adequately warned that he would be subjected to tests - Whether tests undergone voluntarily so as to be admissible in evidence.

Where a person charged with driving when drunk, being told that a doctor called by the Gardai is about to "examine him as to his sobriety" that he is not obliged to submit to medical examination unless he wishes to do so, but that if he submits to examination, the result thereof may be given in evidence, and that he is entitled to call in another doctor if he wishes to do so, but not having the word, "tests," specifically mentioned to him, voluntarily undergoes medical examination, such warning is an adequate warning to him that he...