Director of Public Prosecutions -v- Stack & anor [2016] IEHC 159 (05 April 2016)

Director of Public Prosecutions -v- Stack & anor [2016] IEHC 159 (05 April 2016)

The Garda witnesses provided objective and reasonable justification for the 20-minute observation period based on training from the Medical Bureau of Road Safety, satisfying the 'reasonable necessity' test established by the Supreme Court. The detention was lawful and the evidence admissible.

Citation
[2016] IEHC 159
Parties
Prosecutor: Director of Public Prosecutions; Accused: Ronan Stack; Accused: John Foley
Jurisdiction
Ireland
Judgment Date
05 April 2016
Procedural Posture
Consultative Case Stated / High Court Judgment
Outcome
The court answered 'No' to the question posed, holding the detention and evidence lawful.
Legal Topics
Lawfulness of Detention, Breathalyser Procedure, Admissibility of Evidence, Reasonable Necessity, Observation Period
Criminal Law Road Traffic Law Lawfulness of Detention Breathalyser Procedure Admissibility of Evidence Reasonable Necessity Observation Period

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Parties

Director of Public Prosecutions

Prosecutor

Ronan Stack

Accused

John Foley

Accused

Procedural Posture

Consultative Case Stated / High Court Judgment

Legal Issues

  1. 1 Whether a 20-minute observation period prior to breath testing using the Evidenzer machine constitutes an unnecessary and unreasonable prolongation of detention, rendering the detention unlawful and the evidence inadmissible

Ratio Decidendi

The Garda witnesses provided objective and reasonable justification for the 20-minute observation period based on training from the Medical Bureau of Road Safety, satisfying the 'reasonable necessity' test established by the Supreme Court. The detention was lawful and the evidence admissible.

Court Disposition

The court answered 'No' to the question posed, holding the detention and evidence lawful.

Orders

  • The 20-minute observation period prior to breath testing using the Evidenzer machine does not constitute an unnecessary and unreasonable prolongation of detention.
  • The detention was lawful and the breath sample evidence is admissible.