Director of Public Prosecutions v Barry (Approved) [2023] IEHC 76 (17 February 2023)

Director of Public Prosecutions v Barry (Approved) [2023] IEHC 76 (17 February 2023)

The evidence before the District Court—delay in analysis and unnecessary alcohol testing—did not amount to sufficient evidence to rebut the statutory presumption under s.17(4) of the Road Traffic Act 2010, nor did it demonstrate unfairness, prejudice or detriment to the defendant. Mere delay or procedural irregularity without material evidence is insufficient to stand down the presumption.

Citation
[2023] IEHC 76
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Sergeant Brendan Reville); Defendant: Philip Barry
Jurisdiction
Ireland
Judgment Date
17 February 2023
Procedural Posture
Case Stated (consultative) From District Court Under S.52(1) Courts (supplemental Provisions) Act 1961 / High Court Determination of Case Stated
Outcome
Statutory presumption not rebutted; certificate admissible; questions posed answered in favour of prosecution.
Legal Topics
Statutory Presumptions, Admissibility of Evidence, Burden of Proof, Procedural Compliance, Drug Driving Offences
Criminal Law Road Traffic Law Statutory Presumptions Admissibility of Evidence Burden of Proof Procedural Compliance Drug Driving Offences

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Parties

Director of Public Prosecutions (at the suit of Sergeant Brendan Reville)

Prosecutor

Philip Barry

Defendant

Procedural Posture

Case Stated (consultative) From District Court Under S.52(1) Courts (supplemental Provisions) Act 1961 / High Court Determination of Case Stated

Legal Issues

  1. 1 Whether evidence adduced by the defendant was sufficient to rebut the statutory presumption under s.17(4) of the Road Traffic Act 2010 that the specimen was analysed as soon as practicable
  2. 2 Whether failure to comply with s.17(4) results in inadmissibility of the s.17 certificate
  3. 3 Whether procedural breach posed real prejudice to the defendant

Ratio Decidendi

The evidence before the District Court—delay in analysis and unnecessary alcohol testing—did not amount to sufficient evidence to rebut the statutory presumption under s.17(4) of the Road Traffic Act 2010, nor did it demonstrate unfairness, prejudice or detriment to the defendant. Mere delay or procedural irregularity without material evidence is insufficient to stand down the presumption.

Court Disposition

Statutory presumption not rebutted; certificate admissible; questions posed answered in favour of prosecution.

Orders

  • No order as to costs unless submissions filed within 14 days.