People (Attorney General) v Moore

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

(C.C.A.)

People (Attorney General)

and

Moore

Consumption of drink by defendant charged with dangerous driving -Quaere: Whether Court of Criminal Appeal bound by its own decisions.

At the trial of the accused, a youth of eighteen years, on a charge of dangerous driving causing death contrary to s. 53 (2) (a) of the Road Traffic Act, 1961, unsworn statements by him in which he referred to visits to licensed premises and the consumption of three pints of stout were admitted in evidence notwithstanding objection by accused's counsel. In his charge to the jury, the trial Judge read the statements without comment. After submission by counsel for the accused the jury were recalled and told by the trial Judge that the prosecution had not suggested that drink had anything to do with the case; that there was no question of the accused being drunk and that they must leave the matter of drink out of consideration. The accused was convicted and, on the hearing of an application for leave to appeal, it was held, that the evidence was properly admitted and that the trial Judge erred in favour of the applicant in directing the jury to leave it completely out of their consideration. PerDavitt P. (who delivered the judgment of the Court): "Where a person had during a period of time which is material, consumed a significant quantity [of alcoholic drink] it will, therefore, tend to render his driving unsafe. The evidence that he has consumed such a quantity during such a period is, therefore, in our opinion of probative value on a charge of dangerous driving and therefore relevant and admissible in law. To this extent we venture respectfully to differ from the principle...