Chief Constable of the Police Service of Northern Ireland v Mark Sean O'Donnell
| Jurisdiction | Northern Ireland |
| Judge | Campbell LJ |
| Judgment Date | 06 February 2008 |
| Neutral Citation | [2008] NICA 9 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 06 February 2008 |
| Year | 2008 |
Neutral Citation no. [2008] NICA 9 Ref:
CAM7064
Judgment: approved by the Court for handing down Delivered:
6/2/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
THE CHIEF CONSTABLE OF THE POLICE SERVICE
OF NORTHERN IRELAND
Appellant;
and
MARK SEAN O’DONNELL
Respondent.
________
Before: Campbell LJ, Higgins LJ and Coghlin J.
CAMPBELL LJ
[1] The question that the Resident Magistrate, sitting at Omagh, has stated
for the consideration of the court is:
“Whether [she] was correct in law to find that the
Defendant was not guilty of an offence of driving
without a valid licence under Article 3(1) of the
Road Traffic (Northern Ireland) Order 1981 when he
was the holder of a valid provisional driving
licence, issued to him by the Republic of Ireland,
authorising him to drive a vehicle of the class which
he was driving”.
The facts
[2] Mark Sean O’Donnell, who is the respondent in this appeal, resides in
Lifford, County Donegal. On 7 April 2007 he was stopped by a police officer
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