D.P.P. v. Cunniffe [2003] IEHC 144 (10 February 2003)

D.P.P. v. Cunniffe [2003] IEHC 144 (10 February 2003)

Evidence that the accused admitted driving 'a few minutes earlier' at 12:07 a.m. is sufficient to support the accusation of contravening s.49 of the Road Traffic Act, and any variance as to the precise date is not fatal if it does not mislead or prejudice the accused; the District Court judge may proceed as if no defect existed or amend the summons as appropriate.

Citation
[2003] IEHC 144
Parties
Prosecutor: Director of Public Prosecutions; Accused: Gerard Cunniffe
Jurisdiction
Ireland
Judgment Date
10 February 2003
Procedural Posture
Case Stated (consultative) From District Court / High Court Determination of Case Stated
Outcome
Question answered in the affirmative; evidence sufficient to support the accusation; District Court may proceed or amend as appropriate.
Legal Topics
Proof of Offence, Variance Between Charge and Evidence, Amendment of Summons, Drink Driving Offences
Criminal Law Road Traffic Law Proof of Offence Variance Between Charge and Evidence Amendment of Summons Drink Driving Offences

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Parties

Director of Public Prosecutions

Prosecutor

Gerard Cunniffe

Accused

Procedural Posture

Case Stated (consultative) From District Court / High Court Determination of Case Stated

Legal Issues

  1. 1 Whether an admission of driving 'a few minutes earlier' is sufficient evidence of driving on the date alleged in the summons
  2. 2 Whether a variance between the date in the summons and the evidence is material and fatal to the prosecution

Ratio Decidendi

Evidence that the accused admitted driving 'a few minutes earlier' at 12:07 a.m. is sufficient to support the accusation of contravening s.49 of the Road Traffic Act, and any variance as to the precise date is not fatal if it does not mislead or prejudice the accused; the District Court judge may proceed as if no defect existed or amend the summons as appropriate.

Court Disposition

Question answered in the affirmative; evidence sufficient to support the accusation; District Court may proceed or amend as appropriate.