Sullivan v Robinson

• Jurisdiction: Ireland
• Judgment Date: 27 November 1954
• Date: 27 November 1954
• Court: Supreme Court

(H.C., S.C.)

Sullivan

and

Robinson

Supreme Court - Appellate jurisdiction from "all decisions" of the High Court - Appeal by complainant from decision of High Court on case stated under s. 83 of Courts of Justice Act, 1924 - Leave to appeal not obtained from High Court - Whether jurisdiction to hear appeal Constitution of Ireland, Articles 34 and 58 - Constitution of the Irish Free State (Saorstat Eireann) Act, 1922 (No. 1 of 1922), Sch. I, Art. 64. Criminal law - Evidence -Admissibility - Admission by conduct - Charge of driving mechanically propelled vehicle while drunk - Accused subjected to examination and tests by medical doctor - Affirmative proof required that such examination and tests undergone voluntarily - Whether evidence of result admissible in absence of such proof - Road traffic - Examination and tests carried out by police doctor -Whether doctor a person in authority - Whether doctor's evidence admissible in absence of caution given to accused - Extent of warning necessary -Adequacy of warning a question of fact.

The Supreme Court has no jurisdiction to hear an appeal against a decision of the High Court on a case stated under the provisions of s. 83 of the Courts of Justice Act, 1924, where leave to appeal has not been obtained from the High Court. As the provisions of Article 34, 4, 3 of the Constitution whereby the Supreme Court shall with such exceptions and subject to such regulations as may be prescribed by law have appellate jurisdiction from all decisions of the High Court, relate to the Supreme Court and the High Court to be established under the Constitution, and as such Supreme Court and High Court had not been established, the appellate...