Public Prosecution Service v Liam Duddy
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 14 March 2008 |
| Neutral Citation | [2008] NICA 18 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2008 |
| Date | 14 March 2008 |
1
Neutral Citation no. [2008] NICA 18
Ref:
KER7122
Judgment: approved by the Court for handing down
Delivered:
14.03.08
(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/Appellant
-and-
LIAM DUDDY
Defendant/Respondent
_________
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 James
McFarland sitting as a deputy resident magistrate at Omagh magistrates’
court on 7 March 2007, whereby he dismissed a summons issued by the
Director of Public Prosecutions to the respondent, Liam Duddy, charging him
with driving with excess alcohol on 17 December 2004 at Market Street,
Omagh contrary to article 16(1) of the Road Traffic (Northern Ireland) Order
1995.
[2] The appeal involves two issues. The first is whether a photocopy of the
certificate of analysis from a breath test (the original of which was lost),
deposed by the police sergeant conducting the breath test to be a genuine
copy of the original, was sufficiently authenticated to be admitted in evidence
where the person who made the photocopy did not give evidence of having
made it. The second issue is whether, if the copy had been shown to be an
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1 cases
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Nolan and Others v Dildar Ltd and Others
...case was upheld on appeal (see [2020] IECA 103). A similar approach was taken in Northern Ireland in Public Prosecution Service v. Duddy [2009] NI 19. In that case, the respondent was charged with driving with excess alcohol. On the day of the hearing, it became apparent that the certificat......