DPP -v- Fox [2008] IESC 45 (22 July 2008)

DPP -v- Fox [2008] IESC 45 (22 July 2008)

A 7-minute unexplained delay beyond the standard 20-minute observation period before a breath test, in the absence of special circumstances or evidence of systematic prolongation, is not so unreasonable as to render the detention unlawful or the breath test evidence inadmissible.

Citation
[2008] IESC 45
Parties
Prosecutor/appellant: Director of Public Prosecutions (at the suit of Garda Cheryl Kelly); Defendant/respondent: Robin Fox
Jurisdiction
Ireland
Judgment Date
22 July 2008
Procedural Posture
Criminal Appeal (case Stated) / Supreme Court Appeal From High Court Decision on Case Stated From District Court
Outcome
Appeal allowed
Legal Topics
Lawfulness of Detention, Admissibility of Evidence, Breath Specimen Procedure, Unreasonable Delay, Statutory Interpretation
Criminal Law Road Traffic Law Lawfulness of Detention Admissibility of Evidence Breath Specimen Procedure Unreasonable Delay Statutory Interpretation

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Parties

Director of Public Prosecutions (at the suit of Garda Cheryl Kelly)

Prosecutor/appellant

Robin Fox

Defendant/respondent

Procedural Posture

Criminal Appeal (case Stated) / Supreme Court Appeal From High Court Decision on Case Stated From District Court

Legal Issues

  1. 1 Whether a 7-minute delay beyond the standard 20-minute observation period before a breath test, without explanation, rendered the detention unlawful and the breath test evidence inadmissible.

Ratio Decidendi

A 7-minute unexplained delay beyond the standard 20-minute observation period before a breath test, in the absence of special circumstances or evidence of systematic prolongation, is not so unreasonable as to render the detention unlawful or the breath test evidence inadmissible.

Court Disposition

Appeal allowed

Orders

  • Question of law posed by the District Court Judge answered in the negative.