Derek Martin Robinson v Chief Constable of the Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Nicholson LJ |
| Judgment Date | 28 November 2003 |
| Neutral Citation | [2003] NICA 46 (1) |
| Court | Court of Appeal (Northern Ireland) |
| Date | 28 November 2003 |
1
Neutral Citation no. [2003] NICA 46(1) Ref:
NICC4027
Judgment: approved by the Court for handing down
Delivered:
25/11/03
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_______
BETWEEN:
DEREK MARTIN ROBINSON
(Defendant) Appellant
and
CHIEF CONSTABLE OF THE POLICE SERVICE OF NORTHERN
IRELAND
(Complainant) Respondent
________
Nicholson LJ, McCollum LJ and Weir J
________
Nicholson LJ
Introduction
[1] This is an appeal by way of case stated from the decision of a Resident
Magistrate, Mr B P McElhone, sitting at Strabane on 1 November 2001,
whereby he convicted the (Defendant) Appellant, Derek Martin Robinson (the
Appellant) of three motoring offences under the Road Traffic (Northern
Ireland) Order 1995 (the 1995 Order) and two motoring offences under the
Road Traffic (Northern Ireland) Order 1981 (the 1981 Order). Mr Dermot Fee
QC and Mr McCann appear for the Appellant; Mr Valentine appears for the
Respondent.
[2] The questions stated by the Resident Magistrate for the opinion of the
Court of Appeal were:
1. Given the court ruling that a verbal admission made by the Appellant
was inadmissible, whether the court properly admitted evidence relating to
the provision by the Appellant of preliminary and evidential breath specimen
and the results thereof?
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