D.P.P. v. Cabot [2004] IEHC 79 (20 April 2004)

D.P.P. v. Cabot [2004] IEHC 79 (20 April 2004)

There is no statutory or constitutional obligation on Gardaí to inform an arrested person that a special and substantial reason for refusal to provide breath specimens is not a defence unless the person also complies with or offers to comply with a requirement to provide blood or urine. The only requirement is to inform the accused that refusal may constitute an offence. The first question is answered in the negative and the second does not arise.

Citation
[2004] IEHC 79
Parties
Prosecutor: Director of Public Prosecutions; Accused: Redmond Cabot
Jurisdiction
Ireland
Judgment Date
20 April 2004
Procedural Posture
Case Stated (consultative) From District Court / High Court Determination of Consultative Case Stated
Outcome
First question answered in the negative; second question does not arise.
Legal Topics
Refusal to Provide Breath Specimen, Procedural Fairness, Defences Under Road Traffic Act, Obligation to Inform Accused of Defences
Criminal Law Road Traffic Law Refusal to Provide Breath Specimen Procedural Fairness Defences Under Road Traffic Act Obligation to Inform Accused of Defences

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Parties

Director of Public Prosecutions

Prosecutor

Redmond Cabot

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether Gardaí are obliged to inform an arrested person that a special and substantial reason for refusing to provide breath specimens is not a defence unless the person complies with or offers to comply with a requirement to provide blood or urine
  2. 2 Whether prosecution must prove the accused was so informed

Ratio Decidendi

There is no statutory or constitutional obligation on Gardaí to inform an arrested person that a special and substantial reason for refusal to provide breath specimens is not a defence unless the person also complies with or offers to comply with a requirement to provide blood or urine. The only requirement is to inform the accused that refusal may constitute an offence. The first question is answered in the negative and the second does not arise.

Court Disposition

First question answered in the negative; second question does not arise.