Public Prosecution Service v Duddy [2008] NICA 18 (14 March 2008)

Public Prosecution Service v Duddy [2008] NICA 18 (14 March 2008)

A photocopy of a certificate of analysis from a breath test, authenticated by a police sergeant, is admissible as evidence even if the person who made the copy does not testify. The magistrate's refusal to admit the copy was incorrect; there is no statutory or logical requirement for authentication by the copier. The discretion to exclude evidence was improperly exercised; the reasons given (lack of notice, inability to find originals, poor quality of copies) do not justify exclusion under the relevant statutory provisions.

Citation
[2008] NICA 18
Parties
Complainant/appellant: Public Prosecution Service; Defendant/respondent: Liam Duddy
Jurisdiction
Northern Ireland
Judgment Date
14 March 2008
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Decision
Outcome
Appeal allowed; magistrate's decision quashed; matter remitted to a different magistrate to proceed according to law.
Legal Topics
Admissibility of Documentary Evidence, Authentication of Copies, Discretion to Exclude Evidence, Breath Test Procedures, Hearsay Evidence
Criminal Law Evidence Law Road Traffic Law Admissibility of Documentary Evidence Authentication of Copies Discretion to Exclude Evidence Breath Test Procedures Hearsay Evidence

Case Brief

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Parties

Public Prosecution Service

Complainant/appellant

Liam Duddy

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Decision

Legal Issues

  1. 1 Whether a photocopy of a certificate of analysis from a breath test, authenticated by a police sergeant but not by the person who made the copy, is admissible as evidence
  2. 2 Whether the court could properly exercise its discretion to exclude an authenticated copy from evidence

Ratio Decidendi

A photocopy of a certificate of analysis from a breath test, authenticated by a police sergeant, is admissible as evidence even if the person who made the copy does not testify. The magistrate's refusal to admit the copy was incorrect; there is no statutory or logical requirement for authentication by the copier. The discretion to exclude evidence was improperly exercised; the reasons given (lack of notice, inability to find originals, poor quality of copies) do not justify exclusion under the relevant statutory provisions.

Court Disposition

Appeal allowed; magistrate's decision quashed; matter remitted to a different magistrate to proceed according to law.

Orders

  • Quashed magistrate's decision
  • Remitted matter to a different magistrate