D.P.P. v. Doyle [1996] IEHC 19; [1996] 3 IR 579; [1997] 1 ILRM 379 (9th October, 1996)

D.P.P. v. Doyle [1996] IEHC 19; [1996] 3 IR 579; [1997] 1 ILRM 379 (9th October, 1996)

Section 13 of the Road Traffic (Amendment) Act, 1978 does not create more than one offence by use of the words 'refuses or fails'; evidence of refusal and non-compliance is sufficient to establish 'failure'.

Citation
[1997] 1 ILRM 379
Parties
Prosecutor: Director of Public Prosecutions; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Consultative Case Stated (criminal) / High Court Determination of Questions of Law From District Court
Outcome
Questions answered in favour of the prosecution; Section 13 creates a single offence and evidence of refusal suffices for a charge of failure.
Legal Topics
Interpretation of Statutory Offences, Refusal or Failure to Comply With Garda Requirements, Blood/urine Specimen Requirements, Section 13 Road Traffic (amendment) Act, 1978
Criminal Law Road Traffic Law Interpretation of Statutory Offences Refusal or Failure to Comply With Garda Requirements Blood/urine Specimen Requirements Section 13 Road Traffic (amendment) Act, 1978

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Parties

Director of Public Prosecutions

Prosecutor

Defendant

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Does Section 13 of the Road Traffic (Amendment) Act, 1978 create more than one offence by use of the words 'refuses or fails'?
  2. 2 Is evidence of refusal sufficient to establish failure under a summons specifying failure only?

Ratio Decidendi

Section 13 of the Road Traffic (Amendment) Act, 1978 does not create more than one offence by use of the words 'refuses or fails'; evidence of refusal and non-compliance is sufficient to establish 'failure'.

Court Disposition

Questions answered in favour of the prosecution; Section 13 creates a single offence and evidence of refusal suffices for a charge of failure.

Orders

  • Section 13 does not create more than one offence by use of 'refuses or fails'.
  • Evidence of refusal and non-compliance is sufficient to establish 'failure'.