D.P.P. v. Syron [2001] IEHC 40; [2001] 2 IR 105 (7th March, 2001)

D.P.P. v. Syron [2001] IEHC 40; [2001] 2 IR 105 (7th March, 2001)

The absence of regulations specifying the scientific formulation or calculation method for breath alcohol concentration does not preclude a conviction where the statutory certificate is produced in accordance with the Road Traffic Act, 1994. The certificate is sufficient prima facie evidence, and the accused has the opportunity to challenge its reliability or accuracy in court.

Citation
[2001] IEHC 40
Parties
Prosecutor: Director of Public Prosecutions; Respondent: David Syron
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated (criminal) / High Court Determination on Question of Law From District Court
Outcome
Question answered in the affirmative; conviction may be sustained.
Legal Topics
Breathalyser Evidence, Due Process, Statutory Interpretation, Evidentiary Requirements
Criminal Law Road Traffic Law Breathalyser Evidence Due Process Statutory Interpretation Evidentiary Requirements

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

David Syron

Respondent

Procedural Posture

Consultative Case Stated (criminal) / High Court Determination on Question of Law From District Court

Legal Issues

  1. 1 Whether a conviction can be sustained for a breathalyser offence in the absence of regulations specifying the scientific formulation or calculation method for breath alcohol concentration under the Road Traffic Act, 1994.

Ratio Decidendi

The absence of regulations specifying the scientific formulation or calculation method for breath alcohol concentration does not preclude a conviction where the statutory certificate is produced in accordance with the Road Traffic Act, 1994. The certificate is sufficient prima facie evidence, and the accused has the opportunity to challenge its reliability or accuracy in court.

Court Disposition

Question answered in the affirmative; conviction may be sustained.

Orders

  • The High Court determines that the District Judge is entitled to convict in the absence of regulations specifying the scientific formulation or calculation method for breath alcohol concentration.