In the Irish Courts
| DOI | 10.1177/002201836803200105 |
| Published date | 01 January 1968 |
| Date | 01 January 1968 |
| Subject Matter | Article |
In
the
Irish
Courts
SUPREME
COURT
IN
EIRE
SUMMARY
OFFENCE
ADDED
TO
INDICTMENT
The
People
(A.G. )v.
Doyle
INIreland it is enacted by s. 6
of
the Criminal Justice Act, 1951,
that
where a person is sent forward for trial for an indictable
offence, the indictment may contain acount for any offence triable
summarily with which he has been charged
and
which arises
out
of
the same set
off
acts.
In
The
People
(A.G.) v.
Doyle
(1967, 1011.£. T.R.
136), the net question was whether the statutory provisions introdu-
cing such procedure admitted of a summary offence thus added to
an indictment being tried separately. Following a road accident,
the defendant was orally charged by a police officer at a police
station
and
released on his own recognizance to
appear
in the
District Court. There, he was charged by summons with driving a
motor-car at a speed
and
in a manner dangerous to the public
contrary to s. 53 of the Road Traffic Act, 1961; with driving while
drunk contrary to s. 49 (I)
of
the Act;
and
with failing to stop
after causing an injury contrary to s. 106
of
the Act.
The
District
Justice proceeded to
hear
the charges; he accepted those laid
under
s. 53
and
s, 106;
but
he marked the charge
of
driving while drunk,
"Informations refused". At the hearing in the Circuit Court to
which the defendant was committed, the indictment contained
counts charging the defendant with driving at a speed
and
in a
manner
dangerous to the public, causing
death
or serious bodily
harm,
and
athird count was added, in pursuance
of
s. 6 of the Act
of
1951
(supra),
of
driving amechanically propelled vehicle while
drunk. Defendant's counsel at once argued
that
this third count
should be struck out
and
not
allowed to go to the
jury,
since the
District Justice's order was a finding
of
not
guilty
of
this charge,
so
that
its inclusion in the indictment
put
the defendant twice in
jeopardy.
The
Circuit Court
Judge
adjourned this third count
generally
and
proceeded with the trial
of
the other counts.
The
jury
found the defendant not guilty
of
the offences against s. 53,
but
guilty
of
the lesser offences
of
careless driving, contrary to s, 52
55
To continue reading
Request your trial