Madigan v. Devally [1998] IEHC 58; [1999] 2 ILRM 141 (2nd April, 1998)

Madigan v. Devally [1998] IEHC 58; [1999] 2 ILRM 141 (2nd April, 1998)

The applicant was not arrested under a section that conferred a power of arrest, nor under a section specified as a condition precedent for requiring a specimen. The statutory requirements for a lawful arrest and subsequent specimen requirement were not met. The conviction was therefore procedurally invalid and must...

Source-derived case information.

Citation
[1998] IEHC 58
Parties
Applicant: Rory Madigan; First Named Respondent: Judge Devally; Second Named Respondent: Director of Public Prosecutions
Jurisdiction
Ireland
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Order of Certiorari granted; conviction quashed.
Legal Topics
Road Traffic Offences, Lawfulness of Arrest, Requirement for Specimen, Certiorari
Criminal Law Judicial Review Road Traffic Offences Lawfulness of Arrest Requirement for Specimen Certiorari

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rory Madigan

Applicant

Judge Devally

First Named Respondent

Director of Public Prosecutions

Second Named Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the applicant was lawfully arrested under the relevant section of the Road Traffic Act
  2. 2 Whether the requirement to provide a blood specimen was lawful
  3. 3 Whether the conviction should be quashed for procedural impropriety

Ratio Decidendi

The applicant was not arrested under a section that conferred a power of arrest, nor under a section specified as a condition precedent for requiring a specimen. The statutory requirements for a lawful arrest and subsequent specimen requirement were not met. The conviction was therefore procedurally invalid and must be quashed.

Court Disposition

Order of Certiorari granted; conviction quashed.

Orders

  • The order of the learned Circuit Judge is quashed.