The Director of Public Prosecutions -v- John Kelly [2012] IEHC 540 (10 December 2012)

The Director of Public Prosecutions -v- John Kelly [2012] IEHC 540 (10 December 2012)

It is not an essential proof in a prosecution under s.4(4)(a) of the Road Traffic Act 2010 for the prosecution to establish either that the defendant is a 'specified person' or that he is not a 'specified person'. The prosecution need only prove the elements of the general offence: that the defendant was driving and exceeded the general alcohol limit. Proof of 'specified person' status is only required if prosecuting under the special lower limit offence.

Citation
[2012] IEHC 540
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Janice Catherine O'Neill); Accused: John Kelly
Jurisdiction
Ireland
Judgment Date
10 December 2012
Procedural Posture
Case Stated (consultative) From District Court / High Court Determination of Legal Question Prior to District Court Final Determination
Outcome
Legal question answered in the negative; prosecution not required to prove specified or non-specified status for s.4(4)(a) offence.
Legal Topics
Intoxicated Driving, Burden of Proof, Statutory Interpretation
Criminal Law Road Traffic Law Intoxicated Driving Burden of Proof Statutory Interpretation

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Parties

Director of Public Prosecutions (at the suit of Garda Janice Catherine O'Neill)

Prosecutor

John Kelly

Accused

Procedural Posture

Case Stated (consultative) From District Court / High Court Determination of Legal Question Prior to District Court Final Determination

Legal Issues

  1. 1 Whether prosecution must prove that a defendant is or is not a 'specified person' under s.3(1) of the Road Traffic Act 2010 in a prosecution under s.4(4)(a)

Ratio Decidendi

It is not an essential proof in a prosecution under s.4(4)(a) of the Road Traffic Act 2010 for the prosecution to establish either that the defendant is a 'specified person' or that he is not a 'specified person'. The prosecution need only prove the elements of the general offence: that the defendant was driving and exceeded the general alcohol limit. Proof of 'specified person' status is only required if prosecuting under the special lower limit offence.

Court Disposition

Legal question answered in the negative; prosecution not required to prove specified or non-specified status for s.4(4)(a) offence.

Orders

  • District Court may convict on s.4(4)(a) charge if general elements are proved; proof of specified person status only required for s.4(4)(b) offence.