The State (Gartlan) v O'Donnell

• Jurisdiction: Ireland
• Judge: Mr. Justice Gannon
• Judgment Date: 09 May 1986
• Neutral Citation: 1986 WJSC-HC 670
• Docket Number: No. 451 S.S./1986
• Court: High Court
• Date: 09 May 1986

1986 WJSC-HC 670

THE HIGH COURT

No. 451 S.S./1986

GARTLAN v. O' DONNELL

THE STATE AT THE PROSECUTION OF ENDA GARTLAN

PROSECUTOR

AND

DISTRICT JUSTICE AIDAN O'DONNELL

RESPONDENT

Citations:

DPP V SHEERAN 1986 ILRM 579

PETTY SESSIONS (IRL) ACT 1851 S10(4)

ROAD TRAFFIC ACT 1961 S49

ROAD TRAFFIC ACT 1961 S53

Synopsis:

CRIMINAL LAW

Complaint

Proof - Summary offence - Time when complaint made - Statute requiring complaint to be made within six months from time when cause of complaint arose - Defendant accused of committing on 28th January 1984, offences contrary to ss.49 and 53 of Act of 1961 - Complainant forwarding complaint of each offence to authorised person on the 8th May 1984, with request for issue of appropriate summonses - Issue of first summons dated 8th May containing a recital that a complaint (of an offence by defendant contrary to s.49) had been made to the issuing District Court clerk - Issue of second summons dated 17th October containing a recital that a complaint (of an offence by defendant contrary to s.53) had been made to the issuing, but different, District Court clerk on the 8th May - Defendant requiring prosecution to prove that the s.53 complaint had been made within the statutory period - Complainant gave evidence that, as no relevant summons had been issued promptly, he had made a second request for the issue of a s.53 summons and had relied upon his complaint of the s.53 offence which he had forwarded on the 8th May - Convictions of defendant at hearing of both complaints in District Court - Defendant seeking to quash the s.53 conviction on certiorari - Held that the District Justice had jurisdiction to convict the defendant of the s.53 offence as there had been evidence that the complaint of the s.53 offence had been made to an authorised person within the statutory period - Petty Sessions (Ir.) Act, 1851, s.10 - Road Traffic Act, 1961, ss.49, 53 - (1986/451 SS - Gannon J. - 9/5/86) - [1986] ILRM 588

|The State (Gartlan) v. O'Donnell|

1 Judgment of Mr. Justice Gannon delivered the 9th day of May, 1986

2 On the 29th of July, 1985 the Prosecutor obtained from Keane J. an Order of Certiorari directed to the Respondent District Justice to send before this Court for the purpose of being quashed, unless cause be shown to the contrary, an Order made on the 22nd of March, 1985 convicting the Prosecutor of the offence of dangerous driving of a motor vehicle. The ground upon which the Conditional Order of Certiorari was made is stated therein to be

"that the District Justice acted in excess of jurisdiction without hearing any evidence as to whether the said complaint was made within six months of the said offence as required by section X (4) of the Petty Sessions (Ireland) Act 1851."

3 Although the Conditional Order makes no other reference to a complaint it is clear that "the said complaint" referred to was the initiating complaint by which were commenced the proceedings for summary trial on the charge of dangerous driving which it was alleged took place at Milverton, Skerries, in the County of Dublin on the 28th of January, 1984. The summons requiring the Prosecutor's attendance in the District Court for summary trial was issued by S. O'Braonain District Court Clerk and dated the 17th of October, 1984. The Prosecutor had also been served with a summons to attend the District Court for summary trial of an offence contrary to section 49 as amended of the Road Traffic Act 1961alleged to have been committed at the same time and place, namely on the 28th of January, 1984 at Milverton, Skerries, County Dublin. That summons was issued by Denis O'Neill, a District Court Clerk, and was dated the 8th of May, 1984. The trial on both charges took place before the Respondent District Justice on the 22nd of March, 1985 and the Prosecutor was convicted on each charge and from these convictions he has not appealed.

4 In paragraph 6 of the affidavit of the Prosecutor upon which the Conditional Order of Certiorari was made he deposed as follows:-

"I say that at the conclusion of the case for the Director of Public Prosecutions, my Counsel stated that there was no evidence before the Court that the complaint alleging dangerous driving was made within the statutory period allowed for in the Petty Sessions (Ireland) Act 1851 and, in particular paragraph 4 of section X thereof. He pointed out that the summons alleging dangerous driving suggested on its face that the complaint was made to one S. O'Braonain a District Court Clerk. This summons was...