State (McGroddy) v Carr

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1973 No. 267 SS.]
CourtSupreme Court
(S.C.)
State (McGroddy)
and
Carr

Uncertainty -Duplicity - Charge of driving while under the influence of "intoxicating liquor or a drug" -Whether one or two offences - Road Traffic Act, 1961 (No. 24), s. 49.

The prosecutor had been charged in the District Court with having driven on a certain occasion a motor car in a public place "while under the influence of intoxicating liquor or a drug" to such an extent as to have been incapable of having proper control of the said vehicle contrary to s. 49 of...

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11 cases
  • DPP v Doherty (1), DPP v Doherty (2), DPP v Doherty (3)
    • Ireland
    • Supreme Court
    • 24 July 2020
    ...a principle only, rather than a rule, but it is a useful principle. (For examples of its application, see The State (McGroddy) v. Carr [1975] I.R. 275 and The People (Director of Public Prosecutions) v. Brown [2018] IESC 67.) In the context of the Act of 1997, I would accept that the mean......
  • DPP v Brown
    • Ireland
    • Supreme Court
    • 21 December 2018
    ...in - (a) the enactment itself, or (b) the Act under which the enactment is made.’ In the case of The State (McGroddy) v. Carr [1975] I.R. 275 at p. 285 it was stated by Henchy J. that: ‘… when expressions are repeated in the same instrument, and more especially in a particular part of the ......
  • Higgins v The Irish Aviation Authority White v Sunday Newspapers Ltd
    • Ireland
    • Supreme Court
    • 10 July 2018
    ...Court went on to note the 'fundamental rule' of interpretation spoken of by Henchy J. in the case of the State (McGroddy) v. Carr [1975] I.R. 275, 285 - 286 in which Henchy J. stated: '... when expressions are repeated in the same instrument and more especially in a particular part of the ......
  • Navratil v an Bord Pleanála
    • Ireland
    • High Court
    • 12 May 2020
    ...this principle of construction now has an express statutory basis in s. 20 of the Interpretation Act, 2005. In State (McGroddy) v. Carr [1975] I.R. 275 Henchy J. commented that it was a “fundamental rule of interpretation that when expressions are repeated in the same instrument, and more e......
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