Director of Public Prosecutions -v- Avadenei [2015] IEHC 580 (21 September 2015)

Director of Public Prosecutions -v- Avadenei [2015] IEHC 580 (21 September 2015)

The breath alcohol certificate produced only in English was not in the prescribed form as mandated by s. 13(2) of the Road Traffic Act 2010 and Regulation 3 of S.I. 541/2011, which require the form to be in both English and Irish. Strict compliance is required for penal statutes, and failure to comply deprives the certificate of evidential value, rendering it inadmissible.

Citation
[2015] IEHC 580
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Francis McMahon); Accused: Mihai Avadenei
Jurisdiction
Ireland
Judgment Date
21 September 2015
Procedural Posture
Consultative Case Stated / High Court Determination of District Court Question
Outcome
certificate inadmissible; prosecution evidence excluded
Legal Topics
Intoxicated Driving, Certificate Evidence, Statutory Interpretation, Language Requirements
Criminal Law Road Traffic Law Intoxicated Driving Certificate Evidence Statutory Interpretation Language Requirements

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Parties

Director of Public Prosecutions (at the suit of Garda Francis McMahon)

Prosecutor

Mihai Avadenei

Accused

Procedural Posture

Consultative Case Stated / High Court Determination of District Court Question

Legal Issues

  1. 1 Whether a breath alcohol certificate produced only in English is a 'duly completed' certificate under s. 13 of the Road Traffic Act 2010 and S.I. 541/2011
  2. 2 Whether strict compliance with prescribed statutory forms is required for admissibility of certificate evidence in penal statutes

Ratio Decidendi

The breath alcohol certificate produced only in English was not in the prescribed form as mandated by s. 13(2) of the Road Traffic Act 2010 and Regulation 3 of S.I. 541/2011, which require the form to be in both English and Irish. Strict compliance is required for penal statutes, and failure to comply deprives the certificate of evidential value, rendering it inadmissible.

Court Disposition

certificate inadmissible; prosecution evidence excluded

Orders

  • The document relied upon by the prosecution is not evidence and cannot be admitted.
  • The question posed by the District Judge is answered in the affirmative: the document is neither in the prescribed form nor duly completed within the meaning of s. 13(2) of the 2010 Act or Regulation 3 of the 2011 Regulations.