D.P.P. v. Byrne [2001] IESC 97; [2002] 2 ILRM 97 (6 December 2001)

D.P.P. v. Byrne [2001] IESC 97; [2002] 2 ILRM 97 (6 December 2001)

A person found in charge of a vehicle in a public place, even if asleep, is presumed to have intent to drive unless the contrary is shown. The court may consider the defendant's intentions prior to falling asleep as part of the res gestae. The intention to drive need not be immediate; it suffices that the defendant...

Source-derived case information.

Citation
[2001] IESC 97
Parties
Defendant: Edward Byrne; Prosecutor: Director of Public Prosecutions at the suit of Garda Kinneen
Jurisdiction
Ireland
Judgment Date
06 December 2001
Procedural Posture
Case Stated (criminal Appeal) / Supreme Court Determination of Questions of Law From Circuit Court
Outcome
Questions of law answered in the affirmative for the prosecution.
Legal Topics
Drunk in Charge of a Vehicle, Intent to Drive, Statutory Presumption, Interpretation of 'in Charge', Evidentiary Presumptions
Criminal Law Road Traffic Law Drunk in Charge of a Vehicle Intent to Drive Statutory Presumption Interpretation of 'in Charge' Evidentiary Presumptions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edward Byrne

Defendant

Director of Public Prosecutions at the suit of Garda Kinneen

Prosecutor

Procedural Posture

Case Stated (criminal Appeal) / Supreme Court Determination of Questions of Law From Circuit Court

Legal Issues

  1. 1 Whether the defendant was 'in charge' of a vehicle in a public place with intent to drive while over the legal alcohol limit
  2. 2 Whether the court may consider the defendant's intentions prior to falling asleep in determining intent to drive

Ratio Decidendi

A person found in charge of a vehicle in a public place, even if asleep, is presumed to have intent to drive unless the contrary is shown. The court may consider the defendant's intentions prior to falling asleep as part of the res gestae. The intention to drive need not be immediate; it suffices that the defendant had an intention to drive at some point while in charge. The statutory presumption of intent to drive applies once 'in charge' is established, and the defendant bears the burden to rebut it.

Court Disposition

Questions of law answered in the affirmative for the prosecution.

Orders

  • The Circuit Court judge is entitled to hold that the defendant was in charge of a mechanically propelled vehicle in a public place with intent to drive.
  • The Circuit Court judge may consider the intentions of the defendant before he went to sleep.