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

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1953
Docket Number(1949. No. 10 S.S.)
Date01 January 1953
(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)...

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9 cases
  • DPP v Cleary
    • Ireland
    • Court of Criminal Appeal
    • 3 Marzo 2006
    ...HEMP) REGS 1937 COURTS OF JUSTICE ACT 1924 S29 AG v PARKE UNREP SUPREME 6.12.2004 TAYLOYR, STATE v CIRCUIT COURT JUDGE OF WICKLOW & ORS 1951 IR 311 ROAD TRAFFIC ACT 1933 S30 DPP v COLLINS 1981 ILRM 447 CRIMINAL JUSTICE ACT 1984 S6 CRIMINAL JUSTICE ACT 1984 (TREATMENT OF PERSONS IN CUTSODY ......
  • Kelly v District Judge Dempsey & DPP
    • Ireland
    • High Court
    • 14 Julio 2010
    ...v Cleary [2005] IECCA 51, [2005] 2 IR 189, and King v Attorney General [1981] IR 233 applied; State (Taylor) v Circuit Judge of Wicklow [1951] IR 311 approved; Attorney General v Parke [2004] IESC 100, (Unrep, SC, 6/12/2004) distinguished; People (Attorney General) v Kennedy [1946] IR 517, ......
  • Mitchell & McCann v Member in Charge Terenure Garda Station
    • Ireland
    • High Court
    • 3 Mayo 2013
    ...THE STATE (AMDT) ACT 1998 S18 INTERPRETATION ACT 2005 S13 INTERPRETATION ACT 1937 S6 TAYLOR, STATE v CIRCUIT COURT JUDGE OF WICKLOW & ORS 1951 IR 311 DPP v COLLINS 1981 ILRM 447 DPP, PEOPLE v CLEARY 2005 2 IR 189 2005/19/3896 2005 IECCA 51 DOCUMENTARY EVIDENCE ACT 1925 S2 DOCUMENTARY EVID......
  • DPP v Collins
    • Ireland
    • Supreme Court
    • 2 Junio 1981
    ...notice of the statutory instrument. 19An example is to be found in the case of The State (Taylor) v. Circuit Judge of Wicklow and Others 1951 I.R. 311. Taylor had been convicted in November in the District Court of attempting to drive a mechancially propelled vehicle in a public place, con......
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