D.P.P. -v- Tully [2009] IECC 1 (13 July 2009)

D.P.P. -v- Tully [2009] IECC 1 (13 July 2009)

The presumption of receipt of the Fixed Penalty Notice under Section 103(15) applies unless the defence adduces evidence to the contrary. Proof of posting, not receipt, is sufficient for the prosecution. Non-receipt is not an automatic bar to conviction if essential proofs are established.

Citation
[2009] IECC 1
Parties
Prosecution: Director of Public Prosecutions; Defendant: Kevin Tully
Jurisdiction
Ireland
Judgment Date
13 July 2009
Procedural Posture
Criminal Appeal / Appeal From Conviction in District Court
Outcome
appeal dismissed
Legal Topics
Fixed Penalty Notice, Service of Notice, Presumption of Receipt, Speeding Offence, Burden of Proof
Criminal Law Road Traffic Law Fixed Penalty Notice Service of Notice Presumption of Receipt Speeding Offence Burden of Proof

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Parties

Director of Public Prosecutions

Prosecution

Kevin Tully

Defendant

Procedural Posture

Criminal Appeal / Appeal From Conviction in District Court

Legal Issues

  1. 1 Whether failure to prove service or receipt of Fixed Penalty Notice invalidates conviction
  2. 2 Whether presumption of receipt under Section 103(15) Road Traffic Act 1961 was rebutted

Ratio Decidendi

The presumption of receipt of the Fixed Penalty Notice under Section 103(15) applies unless the defence adduces evidence to the contrary. Proof of posting, not receipt, is sufficient for the prosecution. Non-receipt is not an automatic bar to conviction if essential proofs are established.

Court Disposition

appeal dismissed

Orders

  • conviction affirmed
  • fine of €500 upheld