The State (Taylor) v Wicklow Circuit Court Judge and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1953
• Date: 01 January 1953
• Docket Number: (1949. No. 10 S.S.)
• Court: High Court

(H.C.)

The State (Taylor)

and

Wicklow Circuit Court Judge and Others

Prosecution for driving or attempting to drive mechanically propelled vehicle in a public place while drunk - Whether offence one known to the law - No proof offered of Road Traffic Act, 1933, having been brought into operation - Whether the fact that the Act was in operation ought to be judicially noticed- Habeas corpus - Certiorari - Road Traffic Act, 1933 (No. 11 of 1933), ss. 2, 30.

T. was prosecuted in the District Court and convicted, under s. 30 of the Road Traffic Act, 1933, of attempting to drive a mechanically propelled vehicle in a public place while drunk. He was sentenced to "one month's imprisonment with H.L." On appeal to the Circuit Court the prosecutor submitted inter alia 1, that the prosecution was not entitled to succeed in the absence of proof that Part III of the said Act (containing s. 30)...