Public Prosecution Service v Charles Joseph McGowan and John Patrick McGowan
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NICA 13 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 03 March 2008 |
1
Neutral Citation no. [2008] NICA 13 Ref:
KER7112
Judgment: approved by the Court for handing down Delivered:
03.03.08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
APPEAL BY WAY OF CASE STATED UNDER THE MAGISTRATES
COURTS (NORTHERN IRELAND) ORDER1981
_________
BETWEEN:
PUBLIC PROSECUTION SERVICE
Complainant/Respondent;
-and-
CHARLES JOSEPH MCGOWAN AND JOHN PATRICK MCGOWAN
Defendants/Appellants.
_________
Before Kerr LCJ, Higgins LJ and Girvan LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of Mr Noel Dunlop,
a deputy resident magistrate, sitting at Strabane Magistrates’ Court on 23
February 2007 whereby he found both appellants guilty of offences under the
Licensing (Northern Ireland) Order 1996. The offences related to the sale or
the permitting of consumption of intoxicating liquor at licensed premises
known as the Farmer’s Home in Strabane on 12 July 2006. At that time,
Charles Joseph McGowan was the licensee of the premises. The prosecution
case in relation to one of the offences was based on a till roll which the police
had seized from the premises. It purported to show that sale of alcohol had
taken place at 1.40am on 12 July, forty minutes after the time that intoxicating
liquor could be lawfully sold. The magistrate suspended the liquor licence on
foot of the conviction of Charles Joseph McGowan, notwithstanding the fact
that the licence had been transferred to a third party prior to the convictions.
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Public Prosecution Service v Liam Duddy
...of the respondent and it is to be presumed that the intoximeter was working correctly. As this court recently said in PPS v McGowan [2008] NICA 13: - “… the presumption must be that machines … are operating properly and in working order in the absence of evidence to the contrary. The presum......