Montgomery v Loney
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1959 |
| Date | 01 January 1959 |
| Court | Court of Appeal (Northern Ireland) |
Montgomery
and
Loney
(C.A.)
"Road or public place" - Forecourt of filling station - Road Traffic Act (Northern Ireland), 1955, ss. 39, 75.
By section 39 (1) of the Road Traffic Act (Northern Ireland) 1955, "Every person who . . . is in charge of, a motor vehicle on any road or other public place, while he is under the influence of drink . . . to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence . . ." By section 75 of the same Act "road" is defined as including "a...
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12 cases
- DPP v Vivier
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DPP v Molloy
...signification must depend on their context and the purpose for which they are used. Dicta of MacDermott L.C.J. in Montgomery v. Loney [1959] N.I. 171 approved. Cases mentioned in this report:— Montgomery v. Loney [1959] N.I. 171. Sandy v. Martin [1974] Crown L.R. 258; [1974] R.T.R. 262. Sta......
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Planton v DPP
...General in Harrison v Hill. Simon Brown LJ also referred to the judgment of Lord MacDermott in the Northern Ireland case of Montgomery v Loney [1959] NI 171, a judgment in which, with respect, I find a most helpful analysis of the present issue. Lord MacDermott stated at page 177: "The invi......
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Min for Justice v Makuch
...COMMUNITIES (VEHICLE TESTING) REGS SI 356/1991 ROAD TRAFFIC (LICENSING OF TRAILERS & SEMI-TRAILERS) REGS SI 35/1982 MONTGOMERY v LONEY 1959 NI 171 ROAD TRAFFIC ACT 1955 S39(1) HARRISON v HILL 1932 JC 13 ELKINS v CARTLEDGE 1947 1 AER 829 DPP v YAMANOHA 1994 IR 565 R v BASSETT 2009 1 WLR 103......
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1 books & journal articles
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Divisional Court
...Act 1988, itmust be proved that the defendant drove on a road to which the publichad access orotherpublic place. In Montgomery v Loney [1959] NI 171,Lord MacDermott CJ stated that the question whether a place is a publicplace within the section is one in which 'generally the decision will b......