Public Prosecution Service and Mervyn Monteith
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 21 July 2008 |
| Neutral Citation | [2008] NICA 36 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 21 July 2008 |
| Year | 2008 |
1
Neutral Citation no. [2008] NICA 36
Ref:
KER7233
Judgment: approved by the Court for handing down
Delivered:
21/7/08
(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-
MERVYN MONTEITH
Defendant/Respondent
_________
Before Kerr LCJ, Campbell LJ and Girvan LJ
________
KERR LCJ
Introduction
[1] This is an appeal by way of case stated from a decision of Mr King,
resident magistrate, sitting in the magistrates’ court for the petty sessions’
district of Omagh on 20 September 2007. Mr King decided that to allow the
prosecution to proceed with a summons charging Mervyn Monteith with
failure to comply with Regulation 97(2) of the Motor Vehicles (Construction
and Use) Regulations (Northern Ireland) 1989 would amount to an abuse of
the process of the court and breach of the principle in relation to double
jeopardy.
[2] Mr Monteith had been charged with dangerous driving causing death
arising from a road traffic accident on 7 December 2005. On that date he was
the driver of a vehicle towing a trailer carrying a cement mixer at Kilskeery
Road, Trillick, County Tyrone. The mixer became detached and fell from the
trailer. It struck an oncoming car and a young boy, Shane McNabb, who was
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